Pre-Order Terms & Conditions
The website www.getriku.com (hereinafter referred to as the “Website”) is operated by M/s. Futuristic Labs Private Limited, (hereinafter referred to as” Futuristic Labs “, “We”, “Our”, and “Us”) having its registered address at “1-107-9/4, MIG 187/8, MVP Colony, Sector -8, Visakhapatnam 530017, Andhra Pradesh, India” and having its office located at 5th floor, AIKA Plaza, 100 Feet Rd, VIP Hills, Silicon Valley, Madhapur, Telangana 500081.
Definitions
Preorder: A pre-order, or preorder, is the act of showing willingness by the intending buyer/purchaser to purchase a product at a future date by submitting the request to us either through a website or through any other medium for a product that has not yet been made available in the deliverable state either to the intending purchaser or to the public at large for delivery on the current date, however subject to fulfillment of certain conditions, will be available in the future date for the delivery to the intending purchaser/customer. A certain portion of the total price or the entire price of the product offered for preorder shall be payable as offered at that particular time and price for the purpose of placing a preorder.
Product: An article or appliance that shall be offered on our website for order/preorder to the general public at large.
Reservation Amount: Every preorder shall have an initial money to be paid as a token of interest in the product and paying this amount may provide a preference in terms of special discounts or/and early fulfillment of order to the intending buyer/consumer when the product is in deliverable state and the fulfillment commences by the “website” and “company”. The money thus paid as a token of interest does in no way create an absolute right in favor of the intending buyer to enforce for specific delivery of the product, either in whole or in part and the company thus reserves the discretion and right to change the reservation amount unilaterally without any notice either to the visitor/intending purchaser of the website. The reservation amount for all purposes shall not be the entire current price, or the entire future offer price but shall only mean that the reservation amount shall be deductible from the final future offer price when the fulfillment starts of the deliverable product. The fluctuation or unilateral change in the reservation amount shall in no way give the right to the intending purchaser to claim the price difference in the variance thus created in the reservation amount at any two possible times for the same or similar products. The reservation amount shall and will not be adjusted for any other claims whether existing or that may arise in the future date. The reservation amount shall only be deducted in the final offer price and the intending buyer shall also be bound by the terms such stipulated at the time of sending the link for the remainder payment or/and confirmation of the order fulfilment. The payment of the reservation amount in no way shall mean a collection of deposits for returns or for circulations and shall in no way whatsoever entitle the intending purchaser to claim interest, charges, or penalties on the reservation amount.
Estimated Availability Date: On the Product Page, either through the description, pictorial representation or through video medium any estimated available date shall be described. This estimated availability date is only a tentative date when the product shall be made available in the open market (either through online or offline medium, either directly or through an intermediary, either through a distributor or an authorized agent/s). The Estimated Availability Date shall in no way mean that the product shall be delivered on the said estimated availability. The expression of interest by paying the reservation amount shall in no way mean that the product shall be delivered by the estimated availability date and shall only mean that the product shall be tentatively made available for fulfillment of orders or product shall be made available for payment of the remainder payment.
Remainder Payment: The final offer price of the product shall be displayed on the product offer page on or before the estimated availability date. The remainder payment shall be remainder of the final offer price and reservation amount. A separate link stipulating the remainder payment exclusive of taxes, charges, surcharges levied by any government or authority which are statutory in nature and delivery charges as shall be levied by the delivery partner. The company on receipt of the reminder payment only shall convert the preorder to an order and process for the final fulfillment of that order.
The company after arriving upon its discretion that the preorders are ready to be fulfilled, a separate communication informing the same shall be sent to the intending purchaser who has expressed the interest by paying the reservation amount to the intending purchaser’s email address that was entered at the time of placing the preorder shall be sent with a link/mode of payment. No claims as to non-receipt of the communication, request in change in communication channel or mode shall be entertained by the company and the company shall not be liable in a whatsoever manner in the event of non-receipt of such communication or communications. In the event of non-payment of the remainder of the final offered amount in a stipulated time frame, the company shall without any opportunity, notice or communication may cancel the preorder and return the reservation amount after deducting the statutory taxes and payment gateway charges or any other charges charged by the intermediary of the payment or any other taxes charged by the concerned authorities and no further claims for the specific performance or delivery shall be entertained by the company.
Cancellation of Preorder: If you intend to cancel your preorder, please reach out to hello@getriku.com before the pre order moves to order phase. The preorder shall be canceled by the company in the event of nonpayment of the remainder amount in the time that shall be stipulated by the company in the communication sent to you and the reservation amount thus paid shall be returned to the original payment method after deducting the payment gateway charges and statutory taxes.
Abuse or Misuse: If the company upon its own observation or through any other third party learns about the misuse or abuse of any of the preorder or order terms and arrives at a conclusion that abuse, misuse, malicious practice has occurred, the company reserves the right to cancel the preorder/order without any prior notice and forfeit the amount thus paid as the reservation amount. The company further reserves the right to initiate appropriate legal proceedings before the appropriate forum to reclaim such consequential damages caused due to the abuse and misuse of the invitation to the preorder/order.
Please read the Preorder terms and conditions carefully before placing a preorder for any product from our “website”, or “us”. By pre-ordering, you signify your agreement to be bound by our conditions of preorder.
Pre-Order Terms & Conditions
Use of our website and preorder is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may preorder/order only with the involvement of a parent or guardian.
It is hereby declared that the offer on the website to preorder a product from us, our website is only an invitation to an offer, and that shall only be binding on the fulfillment of the certain conditions that the visitor/intending purchaser fulfills and other conditions for the preorder and in no way, in a whatsoever manner entitle the intending visitor of the website to claim the offer as a matter of absolute right.
The intending purchaser/you before entering into any transactions through the website, also acknowledge and agree that you have fully read and acknowledged the terms thus stipulated along with the general usage terms, and privacy policy. You also acknowledge and agree that you use your best and most prudent judgment and you will only use the website to order/preorder products for your own personal use and not for business purposes. In the event of the company recognizing any kind of abuse, or misuse of the preorder offer, the company holds the right to unilaterally cancel the preorder and refund the amount to the original payment method without entertaining any further communication in this regard and the company also reserves its right to avail all the civil and criminal remedies available to it under the law.
The offer of preorder will run from the time as it is made live and available on the website and explicitly as communicated to be live and available for purpose of preordering on the website and the offer for preorder shall deem to cease once it does not appear on the website or as per the last date communicated on the website to accept such preorders and except during this period no other preorder requests shall be considered unless upon our discretion and the company reserves the right to alter, change, suspend or revoke the said offer without any prior notice at its discretion.
Only payment of the reservation amount does not entitle the intending purchaser to claim the delivery of the product and hence only after fulfilling the entire criteria as stipulated for the order to place, the order shall be fulfilled.
The end design, aesthetics, appearance, and feature of the product might vary slightly from what is shown on the website as the images, videos, and pictorial representations are only representative of the end product and not a picture of the end product itself.
The company will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you preorder from the website.
Every preorder that shall be paid in full shall for the purposes be a future order, however the company reserves the right to cancel or modify this preorder/future order based on its sole discretion and refund shall be processed in the event of non-fulfillment of the order by the company. The preorder will only be canceled by the company as a last resort, when due to circumstances beyond are control the preorder cannot be fulfilled.
The company reserves the right to offer the products on preorder to different categories of customers at various specific terms based on the amount of the price paid in the preorder and no customer who falls in a particular category shall claim any specific benefits, additional discounts, offers etc. provided to one specific category which he does not form part of. All product replacements for the delivered products will be governed by our Returns & Replacement Policy that shall come into force once the preorders are converted to orders for fulfillment.
The company reserves the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders/preorders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
The company will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You confirm that the product(s) ordered by you are purchased for your personal purpose and not for re-sale or business purposes to gain monetary profits. You authorize us to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
There shall be a time limit for the invitation to preorder on the website/platform and no such requests after the expiry of such time period shall be considered. The company on its discretion may modify, alter, revoke, or extend such time period for the invitation to preorder and in no way entitles the intending buyer to any kind of prior notice or communication before any alteration and such modification, alteration, revocation, or extension shall be at the sole discretion of the company
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties, and cesses etc.
After sending the communication/payment link for the remainder payment, the link shall be active for 10 days and in the event of nonpayment of the remainder amount, the reservation amount thus paid shall be returned to the original payment method after deducting the payment gateway charges and statutory taxes.
The link will be sent to the registered email address for the payment of the remainder amount and after the expiry of the stipulated period, you cannot claim the offer price in the preorder or the fulfillment of the order. Consideration or non-consideration of all such requests will be at the sole discretion of the company at the discretionary cost.
You undertake that you understand that the product thus offered in the preorder is subject of the intellectual property of the company and any kind of reserve engineering, infringement is expressly prohibited and the company reserves the right to claim exemplary damages in the event of such infringement.
In case of any disputes arising from the preorder/order or even the end usage or trial of the product, arising out of terms stipulated, the courts and the forums in Hyderabad, Telangana shall have the exclusive jurisdiction.
For any clarifications, complaints or feedback please reach out to hello@getriku.com