Online Store Terms and Conditions:-

ATTENTION: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING BENQ INDIA WEBSITE ("SITE"). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS & CONDITIONS, BENQ TERMS OF USE NOTICE, AND BENQ PRIVACY POLICY (COLLECTIVELY CALLED “TERMS”). IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO PURACHASE BENQ PRODCUT THROUGH THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT BENQ INDIA PRIVATE LIMITED MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, "MATERIALS") AND ANY SERVICES THAT BENQ MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, "SERVICES"). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "BENQ INDIA WEBSITES."

BenQ India Private Limited ("BenQ India") in association with SI TECH provides you the BenQ Online store ('Store' or 'BenQ India Website' or “BenQ India Online Store”) services subject to the notices, terms, and conditions set forth herein. In addition, when you use any BenQ India Online store service, you may be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and may be incorporated by reference. BenQ reserves the right to change the services provided through the BenQ India online store and/or these Terms at any time. BenQ India retains the right to deny access to anyone who we believe has violated these Terms.

Service Provider is a BenQ authorized Reseller / Partner and shall be responsible for accepting your orders, collecting payments and supplying the listed products or services as per your order.

Disclaimer

THE BENQ INDIA WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE BENQ INDIA WEBSITES IS WITH YOU. EXCEPT AS OTHERWISE STATED IN THESE TERMS, SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT BENQ INDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. BENQ INDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE BENQ INDIA WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BENQ INDIA MAKES NO WARRANTY THAT THE BENQ INDIA WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE BENQ INDIA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE BENQ INDIA WEBSITES WILL BE CORRECTED. BENQ INDIA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BENQ INDIA WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BENQ INDIA WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE BENQ INDIA WEBSITES OR FROM BENQ, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE BENQ PARTIES") SHALL CREATE ANY WARRANTY. BENQ DISCLAIMS ALL EQUITABLE INDEMNITIES.

Role of BenQ India / BenQ and Service Provider:-

The BenQ India online portal is developed, maintained and updated by BenQ. The process of payment authorization and receipt, order acceptance and fulfilment, and other physical portions of a transaction are managed by the Service Provider. As stated, Service Provider shall be solely responsible for fulfilment of all orders successfully placed through the Store including but not limited to invoicing, payment processing and product delivery to customers. In no event shall BenQ, its affiliates, directors, officers, agents, consultants or employees etc. be liable for any purchases made through the BenQ India Online store. You hereby to the fullest extent permissible waive any and all claims that you may have against BenQ India and its Representatives arising as a result of or in relation to the BenQ India online store or purchases made through the BenQ India Online store such as, claims relating to payment and delivery of the products.

Use of the BenQ India Online store:-

Certain areas of the BenQ India Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to BenQ an irrevocable, perpetual, transferable, non-exclusive, royalty free, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that BenQ deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). BenQ reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. BenQ may, but is not obligated to, pre-screen User Submissions or monitor any area of the BenQ India Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. BenQ is not required to host, display, or distribute any User Submissions on or through the BenQ India Websites and may remove at any time or refuse any User Submissions for any reason. BenQ is not responsible for any loss, theft, or damage of any kind to any User Submissions. BenQ does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that BenQ will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. BenQ does not guarantee that you will have any recourse through BenQ or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that:

o   You are at least 18 years old;

o   You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to BenQ the rights in your User Submissions described herein;

o   You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

o   You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to BenQ described herein;

o   Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; you voluntarily agree to waive all "moral rights" that you may have in your User Submission;

o   Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

o   Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

o   Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

o   You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

o   Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

o   Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

o   Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

o   Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Other agreements; software, services or access:-

Service Provider may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to BenQ India Websites under the terms of a separate agreement between you and Service Provider (each, an "Other Agreement"). Service Provider's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. For example, the use of any software that is made available to download from the BenQ India Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Your Account:-

You are solely responsible for maintaining the confidentiality of your account and password in respect of the Store. BenQ and the Service Provider will bear no responsibility or liability in the case that the said account and data therein is accessed by any third party, or any acts consequential thereto.

Trademarks:-

BenQ  products contained in the BenQ India Website are trademarks of BenQ and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BenQ or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with BenQ or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of BenQ without BenQ’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of BenQ and may not be copied, imitated, or used (in whole or in part) without BenQ’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by BenQ.

Information Errors:-

Neither BenQ India nor Service Provider undertakes that the information on the Store is correct or accurate at all time. In the event of information regarding a product being found incorrect due to any reason whatsoever, Service Provider shall have the right to refuse or cancel any orders placed for such product(s). If your credit card has already been charged for such a cancelled order, Service Provider shall issue a refund of the transaction through your original mode of payment to a maximum extent of the original amount paid.

Modifications to these Terms:-

BenQ may, in its sole and absolute discretion, change these Terms from time to time. BenQ will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the BenQ India Websites. Continued use of the BenQ India Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the BenQ India Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Order Placement:-

You can place orders for any of the products listed in the website. Acceptance of order is subject to both payment receipt and stock availability. Service Provider however reserves its right to refuse to execute any transaction/s with any customer without assigning any reason/s whatsoever, unless otherwise directed by BenQ India. Upon receiving the payment, an order number is auto generated and appears as a message at the end of payment processing (This will also be mailed at the email ID provided by you at the time of entering the order. Service Provider will initiate the order processing after payment receipt subject to stock availability at that point of time. Orders once placed with payment cannot be cancelled. However, if the customer wants to cancel the order, Cancellation charges will be applicable.

Payment:-

You can use various facilities, namely Credit card payment through payment gateways, EMI offers through select banks, Net banking available on the site for making payments. In case of use of Credit or Debit Cards or internet banking facilities to make payments, your information is secured through use of 128 bit Secure Socket Layer ("SSL") technology. You agree, understand and confirm that the credit card or Debit Cards or internet banking facilities used is lawfully owned or possessed by you and that you shall not pay or attempt to pay for Product(s) using fraudulent information. Service Provider confirms that it shall use reasonable measures to ensure security of the information and will not be shared with third parties, unless required for fraud verifications or by law, regulation or court order. Neither BenQ nor Service Provider shall be liable for any credit/debit card fraud or banking fraud.

Customer has to confirm PAN Card details for the cart value INR 2 Lakhs and above.

Payment Gateway:-

There are multiple payment partners providing us with a payment gateway. All online transactions will be routed through one of our payment partners. Upon successful transaction, the payment partner will collect and remit the money to Service Provider. Service Provider upon receiving the payment will initiate order processing.

EMI (Equated Monthly Instalment):-

Select products may be offered on EMIs as a promotional offer. This EMI offer may be restricted to credit cards of select banks. The subvention charges may be partly or fully charged to the customer as part of the offer. Such EMI offers are subject to approval by the respective banks.

Order Fulfillment:-

Service Provider will initiate processing your order upon payment receipt for all orders. If there are any issues such as incomplete address, payment amount does not tally with order value, stock not available for one or complete set of products ordered and any such issues that could potentially delay the delivery, such orders will be referred to E-commerce Store manage. Store manager will call or mail you to inform the issues. Only upon resolving the issues, the order will be processed.

Unopened items to be returned or replaced must be in the original packing with all inbox literature, warranty/ guarantee card, freebies and all types of accessories etc."

Delivery & Acceptance of goods:-

Service Provider will initiate the dispatch of goods through courier, postal or other means of transport as deemed fit, in original packing for BenQ product listed on the BenQ portal. However in case of select products where additional packaging is required to secure the product from transit damage, Service Provider may take necessary steps. The addressee shall receive and accept the goods as long as the ordered products are delivered without material physical damage to the original product packaging. Non-acceptance of goods for any reasons other than material physical damage or as set out in the cancellation policy above will be considered as order cancellation and cancellation charges as applicable will be levied.

Courier will make two attempts to deliver the goods in a span of 3 days. If the premises are locked or if the nominated recipients are not available, it will be treated as undeliverable and the courier will initiate return of goods to Service Provider. If such returned goods are to be redelivered without order cancellation, Service Provider can charge an additional 2% of the cost of goods or Rs.1000/- whichever is higher towards the freight cost. However, if cancelled, Cancellation charges of 5% of cost of goods will also be charged additionally.

DOA (Dead on arrival) Policy:-

DOA Policy is applicable for the units purchased from BENQ India Website only.

A product having hardware failure within a period of 7 working days from date of invoice or POD (Proof of Delivery) and not repairable will be treated as DOA. In the event of a DOA, the consumer should contact the BenQ Authorised Service Center or BENQ Customer care number. The first attempt shall be to repair and restore the product.

To be able to claim DOA the following aspects are taken into account:

DOA (Dead on Arrival) Process

DOA Period:

o   7 Working Days from the date of E-store Invoice or Delivery date.

o   Original packing and all types of accessories must be returned along with the defective products.

o   Original E-store invoice share to Service partner at the time of service.

o   Products found to have no faults, will be returned to the customer without service charges.

o   BenQ reserves the right to audit the invoice.

DOA Process Steps are as follows:-

·        Any service related issue, Customer contact to BenQ Toll Free Number (18004199979) for onsite service or nearest BenQ Authorized Service Partner for walk-in Repair service.

·        Upon Successful Call registration, Service Agent will troubleshoot over Phone.

·        Unresolved cases will be attended by BenQ Authorized engineer through onsite service as per service terms and condition.

·        Defective unit should be produced in undamaged and in original packaging and including, all accessories originally shipped with the product to process for DOA. Else, normal service repair conditions under standard warranty terms will be applicable.

·        BenQ Authorized Engineer will physically verify the product condition and test as per BenQ SOP.

·        DOA certification will depend on below two categories: -

o   If product is found with no defect (NTF) Test result will be shared to customer and product will be returned back to the customer.

o   If product is found defective DOA will be processed and “DOA Seal” will be added.

Conditions:-

o   BENQ gives one to one replacement to the end customer if any DOA found throuugh Authorized Service Partners(ASP).

o   Any damages or serial number sticker tamper or repairs from other than BenQ ASP, not come under DOA criteria and process in charge service.

o   While returning your product, you should ensure that the original packaging, documentation and all types of accessories, charger, battery, cables, USB receiver and original packaging are available for return.

o   There should not be any physical damage to the Product, including but not limited to dents, cracks, leakage of fluid, scratches or marks.

o   DOA units will be replaced by Service Provider on basis of DOA certificate provided by BenQ.

Standard Warranty:-

All the BenQ materials and products (including but not limited to software) and services, included on or otherwise made available to you through the BenQ India Online Store shall be covered by standard product warranty offered by the BenQ India. The products are provided "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Nothing on this website constitutes, or is meant to constitute, advice of any kind and you are requested to perform independent analysis before ordering the products. In case of any manufacturing defect that is identified during the Warranty period, the customer should contact the BenQ authorized Service Center with the following details:

o   Details of the product owner, ticket number or invoice, product code, product serial number and the symptoms associated with the failure.

Customer Communication:-

BenQ will communicate with you about your order and the purchased Product through any of the mode using email, SMS and telephone. You are requested to provide valid email address and telephone and/ or mobile number to while registering. Please note that customers registered with DO Not Call list of the Telecom Regulatory Authority of India will not be contacted by BenQ. BenQ may contact you telephonically or through emails to introduce new BenQ offerings and in case of you do not want BenQ to contact you, you are requested to actively opt out by selecting the appropriate option while registering yourselves on the website.

When you visit the Site or send e-mails to BenQ India, you are communicating with BenQ electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that BenQ provides to you electronically satisfy any legal requirement that such communications be in writing.

Limitation of Liability:-

The liability, if any, of Service Provider and BenQ towards a user under this Agreement shall be limited to the amount payable by User to the Service Provider. Neither Service Provider nor BenQ shall be liable for any indirect, special or consequential costs or damages of whatever nature, including but not limited to, lost revenues or profits, downtime costs, loss or damage to data or other intangible losses, arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise.

Personal, Non-Commercial & Non assignable Use:-

By registering on the Website, User confirms that use of the Website shall be for his/her personal purpose and not for any commercial purpose. User confirms that User's right to access, use, deal with or transact at the Website cannot be assigned to any other person and custody of User ID and Password to access, deal with or transact at the Website shall be sole responsibility of User and User shall be responsible and liable for any misuse of User ID and Password assigned to User by the Company.

Indemnity:-

User shall at all times fully indemnify and hold harmless BenQ, Service Provider, their officers, directors, agents, employees, and associate companies, from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed, due to and/or arising out of User's breach of the Terms & Conditions and/or User's violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.

Governing Law and Jurisdiction:-

The transactions on this BenQ India website shall be governed by, construed, interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Delhi.

Force Majeure:-

BenQ and BenQ Authorised reseller /Service Provider shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of BenQ and/or Service Provider, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, epidemic, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of BenQ and/or Service Provider hereto which prevents timely fulfilment of obligation of BenQ and/or Service Provider.

When do you get a refund for the cancelled order?

If the payment was by Credit/Debit card or Net-Banking, we will refund the money in your Credit/Debit Card or Net-Banking account. Typically refunds are processed in between 7-21 working days for credit cards and 5-7 working days for debit card and net banking orders.

Connect us at:

Exclusive Toll Free No. 18004199979

Mail Id – BQin.Shop@BenQ.com

Disclaimer: - All rights are reserved with BenQ India Pvt Ltd. and may change at any time without prior information to customer or user of the website.