Terms & Conditions

Term & Condition

These terms and conditions of use, as amended from time to time (hereinafter referred to as the "Terms of Use"), shall legally bind any person (such person is hereinafter referred to as You or Your or Yourself or User) who browses, accesses or avails of any services offered on the Surge Tech’s website at www.surgetech.com.bd (hereinafter referred to as the "Website").

Accessing, browsing or otherwise using services offered on this website indicates your acceptance of the terms and conditions contained in this Terms of Use. Please review this Terms of Use carefully before proceeding.

In addition to this, you will be governed and bound by all applicable Company policies and guidelines available on the Website, as amended from time to time. This TERMS OF USE constitutes an electronic record within the meaning of applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

E-commerce Website

The Website is owned, operated, and maintained by Surge Tech Private Limited (hereinafter referred to as the Company or us or we). The Company, through its Website, provides the User(s) with a technological medium through which the User(s) can conveniently select and purchase a selection of any listed products in the website. Upon receipt of Your order(s) through the Website, the Company will arrange the delivery of the Product(s) to You (hereinafter referred to as the “Services”).

Please note that the Company does not manufacture/produce any of the Product(s) or any part(s) thereof sold by the Company through the Website.

License for Using the Website

The Company grants You a limited, revocable, and non-exclusive license to access and use the Website provided that You accept and comply with all applicable laws, this TERMS OF USE, and (where applicable) the Company’s policies and guidelines as amended from time to time at the sole discretion of the Company. In any event, the Company shall at all times have the right to refuse Your access or use of the Website for any reason whatsoever.

It is solely Your responsibility to periodically review the terms and conditions of the TERMS OF USE. Your continued use of the Website will be considered as Your acceptance of such updates and changes to the terms and conditions under the TERMS OF USE.

The Company reserves the right to temporarily suspend Your access to the Website at any point in time, without prior notice, to cater to regular maintenance.

User Account

You may access the Website and avail the Services (as defined hereinabove) either by registering an account on the Website or as a guest User of the Website unless otherwise specified.

The User shall not disclose the sign-in credentials or such other information that may compromise the security of the User’s account with the Website. The User shall be solely responsible for preventing any unauthorized access or use of the User’s account. In any event, the User will be responsible and liable for any activity in connection with such User’s account on the Website, including without limitation, for any loss or expense that may be incurred by the Company in connection with such activity.

The Company reserves the full discretion to suspend/terminate a User's Account at any point in time, without prior notice, in any event of the unauthorized third-party access or upon disclosing the credentials by the User to any third-party and should a User misuse the Website or Services in an unlawful, abusive or in any other manner that the Company deems to be inappropriate or offensive.

Age Restrictions

You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age and are intending to avail of the Services offered by the Company through the Website, you should do so only through Your legal guardian in accordance with applicable law. The Company assumes no responsibility or liability for any misrepresentation of Your age.

Duties of the User

Your access or usage of the Website shall be subject to Your compliance with this TERMS OF USE, the policies and guidelines of the Company (as amended from time to time), and applicable laws, including all rules/regulations/guidelines framed thereunder.

You are required to provide the Company with Your accurate information and ensure that such information is up to date. Your information will be relied on/used by the Company to render its Services. The Company shall neither be responsible nor be liable in any manner whatsoever for any discrepancies in the information provided by You to Us.

Should You fail to accept and comply with terms and conditions under this TERMS OF USE, the policies and guidelines of the Company (as amended from time to time), and/or with applicable laws including any rules/regulations/guidelines framed thereunder, the Company may discontinue its Services to You and suspend or terminate Your access to the Website, at any time without any notice.

Collection of Information and Privacy

The Company collects Your information for rendering its Service(s), and such information is treated as confidential by the Company. The Company’s latest Privacy Policy, as amended from time to time, shall govern the collection, storage, use, or disclosure of Your information, whether Personal Information or otherwise, by the Company through the Website. At any event, all information collected by the Company shall be deemed to have been provided by You voluntarily for the purposes identified by the Company in the applicable policies and guidelines. Should You disagree with the Company’s latest Privacy Policy, or any part thereof, You are requested to forthwith stop accessing the Website or availing the Services of the Company.

Prohibited Use of Website

You are permitted to use the Website only for lawful purposes.

Any content shared, uploaded, or otherwise made available by You through, or on, the Website shall:

Not, whether intentionally or unintentionally, violate any Indian or foreign laws, including any codes, rules, regulations, or guidelines framed thereunder;

Not contain any profanity, obscenity, derogatory or defamatory remarks, or any other objectionable content that restricts or deters any other User’s enjoyment of the Website, or which, as determined by the Company, may adversely impact the Company or the other Users of the Website;

Not violate any intellectual property rights of the Company and/or those of any other third-party;

Not contain any unwanted or unapproved publicizing, promotional materials, solicitations, spam, or bulk emails, etc.; and

Not contain any computer code designed to harm, destroy, disrupt, or restrict the performance of any computer software or hardware or telecommunications equipment.

You shall not assist or cause any other person to decompile, reverse engineer, copy, change, market, convey, create any derivative work(s) or adaptation(s) based on, recreate, or reproduce, in any form or manner, except as expressly provided for herein, the whole or any portion of the Website (including all information/data comprised therein), or to otherwise gain unauthorized access to the Website for any purpose whatsoever.

Technical Glitches

In the event of any technical glitch on the website affecting order processing or pricing, we reserve the right to cancel affected orders. Customers will be notified promptly, and refunds will be processed as necessary.

Availability, Pricing, and Taxes

The Company will list Product(s) that are available for sale through the Website; in any event, if certain Product(s) is unavailable, the Company will notify You of the same. The Company, through its Website, provides You with the estimated delivery timelines basis the delivery address provided by You. Whilst the Company will endeavor to complete delivery as per the estimated timeline, please note that such timelines are merely estimates and the Company does not guarantee adherence to such estimated timelines. At any event, You will be notified of any deviation from the estimated timelines.

The price(s) shown to You at the time of placing Your order(s) are inclusive of all applicable taxes, duties, levies, cesses, and any other applicable charges. You will be solely liable to bear all such applicable taxes, duties, cesses, and any other applicable charges. Where the Company learns of the applicability of any additional taxes, duties, cesses or the like, post Your placing of the order, the Company reserves the right to call upon You to make such payment and where You refuse or fail to make such payment, the Company reserves the right to cancel Your order.

Payment Modes

Payment is an integral part of an online shopping experience. The Company has made available to You an online payment gateway facility (that is offered by a third-party payment gateway service provider) to enable You to make payments for the Product(s) You purchase using net banking, credit/debit card, or any other mode acceptable to the Company and made available to You from time to time. Should You choose to avail this payment facility and You will be bound by the terms and conditions of the Company as well as that of the third-party payment gateway service provider(s) available at [Insert the link to the relevant terms of the third-party service provider]. You hereby agree to pay the Company in Indian Rupees (INR) as required for purchasing the Product(s) and/or availing any Service(s).

Cash on Delivery (“CoD”): the Company may, at its sole discretion, make available the option for You to make payment by cash at the time of delivery of Your order. CoD can be availed only if Your locality/pin code is serviceable for CoD by Our delivery partners. We will strictly not accept any payments by way of Demand Draft, Cheques, or any like instrument; it is strictly a cash-only payment method. Vouchers or any other like instruments, whether in electronic form or otherwise, cannot be used for CoD applicable orders.

Return of Product

Where the Product(s) delivered is different from the Product(s) ordered or the Product(s) are found to be tampered with, physically damaged, and/or have missing parts or accessories, or is not in working conditions, You may return such Product(s) within 48 (forty-eight) hours of receipt of the same. Provided that You provide the Company with adequate proof as deemed necessary by the Company in this regard.

You should return the Product(s) unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as “essentials”. If any Product(s) are returned without the essentials, the Product(s) shall not be accepted for return and shall be sent back to You. The return packages should be strongly and adequately packaged so that there is no damage to Product(s) during transit.

The returned Product(s) are subject to verification and quality checks by the Company with the consonance and written approval of the manufacturer, in order to determine the legitimacy of the complaint or return by the User.

Product(s) returned may be eligible for replacement only if the exact same Product(s) is in stock. If the Company is unable to procure the exact same Product(s), the Company will provide a refund after making deductions towards the costs incurred by the Company.

You may NOT return the Product(s) purchased under the following conditions:

It is determined by the Company that the Product(s) were damaged while in Your possession;

It is determined by the Company that the Product(s) or any part thereof, has been used, attempted to be used or tampered with while in Your possession;

The Product(s) are not different from what was ordered by You;

The Product(s) are not returned in original condition (with brand’s/manufacturer's box, MRP sticker/tag, if any) and packaging;

In cases of buyer's remorse such as incorrect model, size, type, or colour of the Product(s) ordered or incorrect Product(s) ordered.

Where any Product(s) are returned by You and accepted by the Company in compliance with the terms and conditions set forth herein, the Company will initiate a refund for the Product(s) returned and such refund shall be made through the original payment mode/option availed by you at the time of purchasing the Product(s) returned. The Company does not provide any refund in cash, and accordingly, where the payments were received by the company in cash, the company shall issue a credit note or shall remit the refundable amount to Your bank account, provided that you furnish the requisite information for remitting the same to Your bank account, as requested by the Company in writing.

The refund may take about 4 to 5 business days to reflect in your account; the company is not responsible for any delays that are not solely and directly attributable to the company. The refund amount shall include the Product cost, taxes, shipping charges and the courier freight charges that You have paid towards the Product(s).

Exchange and Cashback

Exchange value of the device is subjected to the verification of condition of device during pickup. Bonus on Exchange of devices is applicable only for in-store purchase.

Cancellation of Your Order

Cancellation by the User

You may choose to cancel any order placed on the website, provided that the order is dispatched prior to Your cancellation of the same. The Company shall not be liable to cancel any order or any part thereof after the same has been dispatched.

Cancellation by the Company

The Company may, at its sole discretion, cancel any order placed by You for the following reasons:

Your failure to comply with any of these terms and conditions of this TERMS OF USE.

Non-availability of the Product(s) with the Company.

Technical errors or issues in the Payment by You.

Invalid address or wrong address is given in Your order details.

Order is undelivered after three (3) attempts made by the delivery partners.

Multiple orders are placed for the same Product(s) at the same address.

EMI offer is rejected by the bank.

Pricing or specifications on any Product(s) shown on the Website is incorrect due to typographical error or incorrect information inadvertently provided by the Company or some technical glitch, resulting in incorrect pricing or specifications.

At any event, the Company shall notify you as and when it exercises its discretion under this Section 11.2. Furthermore, the company shall not be liable in any manner whatsoever for the exercise of its discretion under this Section 11.2.

Termination

The Company reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any Website applicable laws, policies, guidelines and conditions of the Companies’ service or Additional Terms or these Terms and conditions of Use and or the Privacy Policy (including any modifications, updates or additional notifications or instructions). On such termination, the User’s information and other details shall be blacklisted by the Website and shall be taken into consideration whenever necessary.

The Company will terminate the services provided to any User if it is required under any Website applicable laws. Without prejudice to the above the Company reserves its right to terminate the services if such provision of services to the Users is not economically viable for the Company. Users may choose to discontinue availing services and facilities provided through the Website by closing the User account with the Website.

On termination of the User account, the User is not eligible to purchase Products or avail services on the Website. Once the User’s account is terminated, the contents, reviews, comments, or other material posted on the

Website by the User will be removed by the Company from the Website. However, the Company shall not be obliged to remove any information and other details if the User violates the TERMS OF USE or applicable laws.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Company shall not be liable to You for any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind whatsoever. For the avoidance of doubt, the company’s liability for direct damages, whether in contract, tort (including negligence), or otherwise, shall in no event exceed, in the aggregate, the total amount paid by You to the Company in the 6 (six) months immediately preceding the event giving rise to the claim.

The User acknowledges that the Company has entered into this TERMS OF USE with the User in reliance upon the limitations of liability set out herein and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations of liability specified in this section will survive and apply even if any limited remedy specified in this TERMS OF USE is found to have failed its essential purpose.

Governing Law and Dispute Resolution

This TERMS OF USE shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.

All disputes arising out of or in connection with this TERMS OF USE shall be attempted to be resolved amicably by negotiations between the parties. In the event any dispute cannot be resolved by negotiations between the parties, such dispute shall be referred to arbitration by a sole arbitrator appointed mutually by the Parties. The place of arbitration shall be Bengaluru, India. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the parties.

Severability

If any provision of this TERMS OF USE is found by any court or authority of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed to be deleted from this TERMS OF USE and the remaining provisions of this TERMS OF USE shall continue in full force and effect.

Waiver

The failure of the Company to enforce any right or provision of this TERMS OF USE will not be deemed a waiver of such right or provision.

Entire Agreement

This TERMS OF USE constitutes the entire agreement between You and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Contact Us

Should You have any questions about the TERMS OF USE or any queries relating to the Company, the Services, or the Website, please do not hesitate to contact Us at admin@surgetech.com.bd

Feel free to let me know if there are any other adjustments or specific points you want to add or modify!