Account security:
Each person that is provided with a password and user ID to use the Site, if applicable, must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.
As we understand the need for mutual trust while collecting and retrieving all kinds of information related to the topic, we take this trust very seriously. We promise to abide by the privacy practices described in this Privacy Statement at the High impact.
1. Placing an Order for Products
1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
1.1 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
1.2 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
1.3 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
1.4 All goods ordered and purchased from the Site must be intended for personal non-commercial use only.
2. Faulty Products
2.1 We warrant that:
– The product will be delivered undamaged in the quantities ordered.
2.2 We try very hard to deliver products in excellent condition. However, if you tell us that the product is faulty, you agree to keep the product in its current condition available for us to inspect within a reasonable time.
2.3 In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including:
– you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective within 24hrs from the date of Delivery.
In case the product is damaged after the delivery – refund will not be initiated.
3. Changes and Improvements
Catch the www.sportswing.in reserves the right to make changes, improvements, alterations, or amendments to the information contained on this site, including information regarding products and services, and including these terms of use without liability. Continued use of the Site following any changes constitutes your acceptance of such changes.
4. Typographical Errors
In the event that a product sold is mistakenly listed at an incorrect price, www.sportswing.in reserves, the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, www.sportswing.in shall issue a credit to your payment method account.
We may change these terms and conditions from time to time without notice to you. Before placing an order, if you have any queries relating to these terms and conditions, please contact our Customer Services team.
Sportswing.in owns all trademark rights in the look and feel of this site, including page headers, custom graphics, button icons and scripts. All trademarks appearing on this site, not owned by Sportswing.in or its affiliates, are the property of their respective owners.
1. INTRODUCTION
This document (together with the documents mentioned herein) establishes the conditions that govern the use of this website www.www.sportswing.in and the purchase of products on it (hereinafter referred to as the “Conditions”).
We urge you to read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When you use this website or place an order on it, you are aware that you are bound by these Conditions and our Data Protection Policies, so if you do not agree with all of the Conditions and with the Data Protection Policies, you must not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of formalization of the relevant Contract (as defined further on) or of use of this website shall be those that apply.
If you have any query regarding the Conditions or the Data Protection Policies you may contact us by using the contact form on our webpage. The Contract (as defined below) may be executed.
2. OUR DETAILS
Sale of goods through this website is carried out under the name “SPORTS WING”, with a registered address at #28, 8th main, 11th cross, Hebbal 1st stage, Mysore 570016
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
i. Use this website to make legally valid enquirers and orders only.
ii. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the pertinent authorities.
iii. Provide us with your e-mail address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.
5. SERVICE AVAILABILITY
The products offered on this website are only available for delivery to locations within India.
If you wish to order products from outside of India via this website you are of course welcome to do so; however, there will be no cash on delivery option and shipping charges have to be wholly barred by customers.
6. FORMALIZING THE CONTRACT
The information contained in these Conditions and the details contained on this website does not constitute an offer of sale, rather an invitation to treat. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click “Authorize payment”.
After doing so, you will receive an e-mail confirming receipt of your order (the “Order Confirmation”).
Keep in mind that this does not mean that your order has been accepted since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed of via an e-mail in which we will confirm that the order is being sent (the “Shipment Confirmation”). An electronic ticket with your order details will be attached to the Shipment Confirmation. The contract between us to buy a product (the “Contract”) shall be formalized only when we send you the Shipment Confirmation.
Only the products listed in the Shipment Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Shipment Confirmation.
7. AVAILABILITY OF PRODUCTS
All product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same.
Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time.
9. DELIVERY
Notwithstanding clause 7 above regarding product availability and save for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Shipment Confirmation prior to the date indicated in the Shipment Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone. As for the virtual gift card, we will deliver it on the date indicated by you when placing the order.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with a full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on Saturdays or Sundays, except in the case of the virtual gift card which will be delivered on the date specified by you. For the purposes of these Conditions, “delivery” shall be indicated by you.
10. INABILITY TO DELIVER
If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining
where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day.
If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Agreement, we will return to you all payments received from you, excluding the delivery charge and additional charges charged by the payment gateways. Refund will be done within 2 days.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you.
11. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The product risks shall be your responsibility from the moment of delivery. You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 9 above) if that were to take place at a later time.
12. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the web page are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full. We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipment Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website include GST, but exclude delivery fees, which are added to the total price as indicated in our Shopping Guide – Delivery Fees.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation. Once you have selected all articles that you wish to buy, those will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
13. GOODS and SERVICES TAX
All purchases done through this website are subject to GOODS and SERVICES TAX (GST). The prices displayed on this website/App including GST.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them.
No reimbursement will be made if the product has been used more than just inspecting it in such a way it could have been done in a physical store, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. You may return any product by courier arranged by us (except outlet stores) in the country where your product was delivered. You can request the change of size via the “Orders and Exchanges” section of “My Account” on this website.
You should select the new size of your item, and provided that
(i) It is the same item,
(ii) its price on the website is equal to or greater than the price that you paid for the original item (but please note, in this case only, you will not be charged for the price) and Please note that the option for you to change the size of your original item will only be displayed as being available when all of these conditions are met.
Once you have requested the change and selected the appropriate return method, you must return the original item via courier for pick up from your indicated address. You must return the item without any undue delay, and in any event within a maximum period of 14 calendar days from the change request in the website.
These characteristics, such as variations in grain, texture, knots and colour, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.
14. INTELLECTUAL PROPERTY
You recognize and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the website belong to us at all times or to those who grant us a license for their use. You may use said material only to the extent that we or the usage licensers. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm,
logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorization to use this website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
16. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control what so ever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
17. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you with information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognized by law.
18. NOTIFICATIONS
The notifications that you send us must be sent preferably through our Contact form on our webpage. We may send you notifications either by e-mail or to the postal address you provided us when placing an order. It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mailbox, and in the case of an email, that the notification was sent to the email address specified by the recipient.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both you and us, as well as for our respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
20. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
i. Strike, lockout or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
21. STOCK AVAILABILITY
At Sports Wing we guarantee for 98% of stock availability in all Brands sometimes we will not be having the same model or same colour, in this case, we will refer you to the related model or colour, if you are happy with the other one we will go ahead placing the order, MRP price might vary but the discount remains the same or if you are not happy with the suggested one we will help you to cancel the order. Your ordered product might not be available at our warehouse, in this case, we request you for additional time to get your product from the manufacturing company. If you are not happy with the extended delivery time we will help you to cancel your order. In both the cases, if the payment is made in advance we will refund your full money in just 2 hours.
22. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications section above.
We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order.
If you as customer consider your rights to have been breached, you can address your complaints to us via the email address support@sportswing.in
23. COD NOTE – FAKE ORDERS
It’s really sad to acknowledge this fact – but there are some people who do not respect others & the time and effort it genuinely takes to ship products.
Lately, we have been receiving orders from customers from all around the country and while most of them are genuinely nice people who are happy with our products and give their honest feedback about them, there are some, and I repeat “some” who could not care less.
Due to the high refusal of COD orders, we have started collecting a nominal prepaid amount of ₹100-₹200 or 5% of the order value (whichever is greater) as an initial transfer for COD orders. This amount will be adjusted in the total amount you need to pay at the time of delivery.
Once you select COD payment method you will be directed to Cashfree payment gateway to make advance payment. After the payment confirmation your order will be processed to dispatch.
24. Undelivered Orders
SportsWing will have the right to re-dispatch or refund the order If the product is not delivered to the customer due to courier or Misshipment issue by communicating over a phone call or mail with the customer.
Terms and Policy subject to any costly or heavy products at our site :
There will be no Return/Exchange policy applicable for only costly or heavy products.
The order for this product can only be cancelled before the shipment.
Even if you have selected Cash On Delivery (COD) we will take a safety deposit before the dispatch of 1000 Rs to 20000 Rs depending on the product as we have to take double confirmation from you. Shipping heavy products involve a lot of time and money. Advance payment will not be refunded If customer cancel the order after the shipment.
Purchase any products at our site you will get the GST bill through your registered Email and it will be sent along with your ordered product.
We are guaranteed for 95% of stock availability sometimes we will not be having the same model or same colour, in that case, we will refer you to the related model or colour, if you are ok with the other one we will go ahead placing the order, MRP price might vary but the discount remains the same or if you are not happy with the suggested one we will help you to cancel the order. If the payment is made in advance we will refund your full money in just 2hours.
Gym & Fitness Equipment’s Terms and Policy:
In Gym equipment, you will get the warranty card along with the purchase bill from the biller.
For Installation of easy equipment, you will be provided with a manual instruction book and video call will be done by us help you to install.
Some of the heavy costly complicated equipment our company representative will be coming to your place for the installation.
For service during the warranty period any technical issue we will be responsible however conveyance will be taken care of by the customer.
Equipment out of warranty or not covered under warranty, first we will identify the error by having a video call then we will send our service person. This will be charged accordingly.
In Gym equipment, there will be no Return/Exchange policy applicable. The order for this product can only be cancelled before the shipment.
Even if you have selected Cash On Delivery (COD) For Gym equipment, we will take a safety deposit of 2000Rs to 20000Rs depending upon the value of the product before the dispatch, as Gym equipment is a heavy product we have to take double confirmation from you. Shipping heavy products involve a lot of time and money.
We are guaranteed for 99% of stock availability in Gym equipment sometimes we will not be having the same model, in that case, we will refer you to the related model or colour, if you are ok with the other one we will go ahead placing the order, MRP price might vary but the discount remains the same or if you are not happy with the suggested one we will help you to cancel the order. If the payment is made in advance we will refund your full money in just 2hours.
Cycle Terms and Policy:
In the cycle, there will be no Return/Exchange policy applicable. In cycles sometimes it will be semi-assembled or unassembled.
The order for this product can only be cancelled before the shipment.
Even though you have selected Cash On Delivery (COD) for a cycle, we will take a safety deposit of 2000 Rs before the dispatch, as cycle and Gym equipment is a heavy product we have to take double confirmation from you. Shipping heavy products involve a lot of time and money.
You can use the coupon code ( FITTING300) and get 300 Rs additional discount at the time of purchase for getting your Cycle installed by yourself provided by Sports Wing
In case of the cycle delivered in unassembled condition, we will guide you to your nearby cycle shop to get the cycle assembled by paying 300 Rs, you can use the same discounted money 300 Rs availed at the time of purchase.
In case cycle will be delivered in a semi-assembled condition (80-90% assembled). You can assemble the remaining parts like the seat, pedals and tyres using a toolkit. However, it is advisable to get professional help in assembling the unit for the best cycling experience. You can use the same discount money for assembling the cycle provided to you at the time of purchase.
We are guaranteed for 95% of stock availability in cycle sometimes we will not be having the same model or same colour, in that case, we will refer you to the related model or colour, if you are ok with the other one we will go ahead placing the order, MRP price might vary but the discount remains the same or if you are not happy with the suggested one we will help you to cancel the order. If the payment is made in advance we will refund your full money in just 2hours.
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