Zeuron
← Back to HomeLegal

Terms and Conditions

Terms and Conditions of Sale and Use

Xfinito Biodesigns Private Limited – [Zeuron.ai]

These Terms and Conditions of Sale and Use (collectively, this "Agreement") apply to all pre-orders, purchases and use of products (each a "Product") manufactured, marketed, distributed and/or sold by Xfinito Biodesigns Private Limited. ("Xfinito" or "Zeuron") via any website whose domain ends in "xfinito.com or zeuron.ai", third-party distributors retained by Xfinito Biodesigns Private Limited, or such other websites and mobile applications as made available by Xfinito Biodesigns Private Limited, its affiliates, subsidiaries and third-party distributors from time to time (the "Site"). In this Agreement, the buyer of any Product via the Site is referred to as "you"; accordingly, if the individual making the purchase is doing so on behalf of a corporation or other legal entity, he or she represents and warrants having the authority to do so and to bind such entity to this Agreement. This Agreement contains important terms that, among other things, affect Xfinito's liability and your legal remedies against Xfinito. Please read this Agreement carefully BEFORE you indicate your acceptance of this Agreement as part of a transaction on the Site. If you check the "I AGREE TO THE TERMS AND CONDITIONS OF SALE AND USE" option as part of the transaction in which this Agreement is presented, you agree to be bound by this entire Agreement including the warranty disclaimers, limitations of liability and methods of resolving disputes.

Terms of Sale

Orders, Price and Payment

  • Price and Order. The total price for the Products you are purchasing will be stated on the confirmation notice displayed at the last step of the ordering transaction before you confirm your purchase, and, upon your acceptance of the confirmation notice as well as all of the terms and conditions of this Agreement, the notice becomes your "Order", an offer to us to purchase such Products on the terms set out therein and this Agreement.
  • All Orders are subject to availability. When placing your Order, the confirmation notice will display whether the item is in-stock (an "In-Stock Product"), out-of-stock (an "Out-Of-Stock Product"), or a pre-order (a "Pre-Ordered Product") and may provide an estimated delivery time frame.
  • Orders submitted by you are not binding upon Xfinito until the Order is accepted by Xfinito as indicated by Xfinito's issuance of a Purchase Invoice (an "Invoice") to you by email for such Order, which email also constitutes Xfinito's acceptance of your Order.
  • Xfinito may appoint a merchant of record (the "Merchant"), as indicated in your confirmation notice, as the merchant of record for the transaction. In such a case, the Merchant will accept payment, handle Orders, and handle shipments for and behalf of Xfinito.
  • Payment for all Orders must be by debit card or credit card, and full payment must be authorized by your credit card issuer or authorizing financial institution before Xfinito is legally obligated to fulfill any Order previously accepted under an Invoice. Your credit card will be charged when you place your Order.
  • Subject to Xfinito Cancellation. Xfinito reserves the right to decline to accept your Order, or to cancel an accepted Order after an Invoice, at any time, including in the event there is an error, typographical error, inaccuracy, omission or mistake to the price of any of Xfinito's Products or Product descriptions, promotions, offers or availability.
  • Taxes, Duties and Extra Charges. Prices advertised on the Site may not include shipping and handling charges or applicable country or region-specific sales, goods or services taxes, which may be added to the price you pay.
  • For information about Xfinito's collection, use and sharing of your personal information, please see Xfinito's privacy policy.

Expiry of Purchase Codes

Xfinito purchase codes will be valid for use for 1 year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should redeem the purchase code before the expiry date, after the expiry date unused value will become the property of Xfinito.

Changes to Orders

  • You may request a change to your Order under any Invoice, provided that the Product has not been released to production by the time of your request. Please note that any such changes may delay other items of your Order, or may delay your Order entirely.
  • Cancellations and Cancellation Fees. You may request cancellation of any Order (even after an Invoice has been accepted) at any time until the applicable Product(s) has/have shipped. Contact us at zeuron.ai/contact.

Returns and Refunds

  • Return Period. Xfinito offers a limited 30 day return period (starting from the date the product is received) for all Products purchased from the Site which are defective (the "Return Period").
  • Requesting an RMA. The Return Period applicable to a Product commences when Xfinito or its Merchant receives notice from its shipping agent that the applicable Product has been delivered to you. To request a refund, you must, within the Return Period, contact Xfinito or its Merchant to request a return merchandise authorization ("RMA").
  • Returning the Product. You must return the product to Xfinito, following the RMA instructions. The Product must be returned with all contents provided to you with the Product when it originally shipped.
  • Non-Compliant Returns. If Xfinito determines that the returned Product has not been returned in accordance with this Agreement or is not in original condition, Xfinito may refuse to accept the return.
  • Processing Refund. Xfinito or its Merchant will refund to you the purchase price for the Product (including applicable taxes but excluding shipping costs) via the same means payment was received. Your refund will be processed no later than 15 days of receipt of your Product.

Shipping Terms

  • We strive to ship products within 14 days of the date of the purchase.
  • Pre-Ordered Products. When placing an Order for a Pre-Ordered Product, the Order or your Invoice may indicate an estimated shipping time. Pre-Ordered Products will be shipped if and when available. Xfinito makes no guarantee that any such Products will be shipped at any particular time.
  • Any shipping dates or timeframes provided are estimates only and subject to change.
  • All Products will be shipped in the order in which Invoices have been issued to Xfinito's customers, including you.

Delivery

  • Xfinito will arrange to deliver the Products in your Order to the address you provided in your Order, as noted on the Invoice. Title to the Products, and risk of loss, passes to you upon Xfinito's delivery of the Product to the carrier.
  • Errors and Damages. You must examine the Product after you receive it. If an Order or shipping error has occurred, or if your Product is damaged, you must notify Xfinito within two (2) days of delivery (the "Inspection Period").
  • Return Procedure. If your Product was received in error, or in damaged condition, please contact Xfinito immediately at zeuron.ai/contact.

Terms of Use: Limited Warranty

  • Scope and Period. Xfinito warrants to you that the Product will be free from defects in materials and workmanship under normal use for 1 year from the original date of purchase by you (the "Warranty Period"). The limited warranty in this Agreement is not transferable by you.
  • In the event Xfinito determines that the Product is defective, Xfinito may in its discretion: (i) replace the defective Product with a new Product; or (ii) refund to you the purchase price you paid for the Product.

Exclusions

THE LIMITED WARRANTY DOES NOT APPLY:

  • to normal wear and tear;
  • if the Product was not purchased from Xfinito or its authorized retailers;
  • to damage caused by misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect or misapplication;
  • to physical damage to the Product;
  • to any software, whether or not supplied by Xfinito.

Exclusive Remedies

The remedies in this Agreement are the exclusive remedies provided to you under this Agreement. To the extent permitted by applicable laws, the Limited Warranty in this Agreement is in lieu of all other warranties or conditions, express or implied. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY AND AS PERMITTED BY APPLICABLE LAWS, Xfinito SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THIS AGREEMENT, THE SITE AND ALL PRODUCTS. WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.

Release, Waiver and Limitation of Liability

  • YOU ACKNOWLEDGE AND AGREE THAT Xfinito, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, RESELLERS, AND DISTRIBUTORS WILL IN NO WAY BE LIABLE TO YOU FOR ANY GENERAL, PECUNIARY, NON-PECUNIARY, INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.
  • IN NO EVENT SHALL Xfinito'S TOTAL LIABILITY TO YOU EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS GREATER.
  • THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULL EXTENT THEY ARE NOT PROHIBITED BY APPLICABLE LAW.

General Matters

  • Binding Effect. This electronic Agreement and any other materials incorporated herein will be deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual and other legal requirements for a writing.
  • These terms and conditions and the rights and duties herein will be binding on and enure to the benefit of you and Xfinito and their successors and permitted assigns.
  • Force Majeure. No Xfinito entity shall be responsible for a failure to fulfil any obligations pursuant this Agreement if such failure or delay is due to circumstances beyond its reasonable control.

Entire Agreement

  • This Agreement, together with the Invoice and any other materials expressly referred to herein, constitutes the complete and exclusive statement of all of the terms, conditions, representations and warranties between you and Xfinito with respect to the purchase and sale of any Product offered by Xfinito.
  • This Agreement will not be and is incapable of being amended or varied, verbally or in writing, unless any such amendment or variation is in writing and signed by both you and a senior officer of Xfinito.
  • No Implicit Waivers or Novations. The failure by Xfinito to insist on strict compliance with any provision of this Agreement will not be deemed to be a waiver of such provision.

Dispute Resolution

All disputes, controversies or claims arising out of or in connection with this Agreement will be solely and exclusively referred to binding arbitration pursuant to the provisions of the Bengaluru Arbitration Act. Such arbitration shall be conducted pursuant to the Domestic Commercial Arbitration Rules of Procedure of the Bengaluru International Commercial Arbitration Centre.

A single arbitrator shall be appointed by agreement of the Parties. The arbitration will be governed by the laws of the Province of Bengaluru and the laws of India. The arbitration will be held in Bengaluru and conducted in English. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney's fees and disbursements. Any award and the determination of such arbitrator will be final and binding upon you and Xfinito.

← Back to Home