Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING THE PRODUCTS FROM MILICARE.IN. BY PLACING AN ORDER FOR A PRODUCT ALONG WITH ACCESSORIES (IF ANY), COLLECTIVELY REFERRED TO AS “PRODUCT”, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE, ALONG WITH MILICARE INDUSTRIES PRIVATE LIMITED’S (“MILICARE”, “US”, “WE” OR THE “COMPANY”) PRIVACY POLICY, TERMS OF USE AND WARRANTY TERMS & CONDITIONS

GENERAL CONDITIONS

  • These Terms of Sale apply to all orders, offers and sales initiated or completed through www.milicare.in (“Website”).
  • Although the Website is accessible worldwide, the Product offered on the Website is designed and tested for sale and use only in India.
  • You understand and accept that the Website is designed for use only in India and some or all the features of the Website may not work or be appropriate for use in countries outside India. You access the Website outside India at your own initiative and you confirm that you shall be solely responsible for complying with applicable local laws in your country
  • The words “Customer” or “You” shall mean and include any person who visits the Website or any natural or legal person entering any kind of contractual or quasi – contractual relationship with our Company through the Website.
  • In order to contract with our Company, you must be at least 18 (eighteen) years old. If you are under the age of 18 (eighteen) you may use our services only with the involvement of a parent or guardian. If you are ordering for any other person, it is your responsibility to ensure that the intended recipient is of the appropriate age to view and use the Product.
  • Using the Website requires you to set up and maintain an account. You are liable to keep your account and password secure. To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur using such account and password.
  • You are responsible for ensuring that the details provided to us are correct and complete, informing us if any changes occur and updating the information provided in the related area of the Website. Milicare will not be liable, whether to you or to any third party, for any claims or damages arising from inaccurate information provided to Milicare.
  • We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms of Sale or any other applicable terms and conditions, guidelines or policies
  • Please note that our Company sells Products only in quantities which correspond to the typical needs of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product. We therefore reserve the right to limit the purchase options of customers as far as quantities are concerned whenever we deem that they are not serving the typical needs of an average household. These limitations may include restrictions on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by using the contact details provided at the time the order was placed.
  • The Company reserves the right to make any changes to its Website, policies, and terms and conditions, including these Terms of Sale at any time. All Customers are subject to the Terms of Sale, policies, and terms and conditions in force at the time that the Customer orders Products from us, unless any change to the Terms of Sale, policies or any terms and conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you).

ORDER, PRICE & PAYMENT

  • By placing an order (“Order”) with www.milicare.in, you are offering to purchase a Product subject to these Terms of Sale. An Order via the Website shall normally be an irrevocable offer. However, it shall not lead to an agreement when our Company sends you an acknowledgement confirmation via e-mail to the e-mail address you provided us.
  • An Order is assumed to be placed when the required Payments as per the Prices mentioned in the Website while placing an Order, are completed. Our Company accepts your offer and concludes an agreement with you (the “Contract”) only when we dispatch the Product(s) and send you the related shipping e-mail confirmation and/or the invoice.
  • An Order may be cancelled only with our Company’s prior written consent or in the website and before the Products are arranged for being dispatched / shipped.
  • All Orders are subject to availability and confirmation of the Order price and quantities. Shipping will normallly be initiated within 24 bussiness hours of receiving order. Shipping / Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to delays including but in no way limited to those resulting from postal delays or force majeure for which we will not be responsible.
  • You may modify or cancel an Order before shipment of Product only by contacting Milicare at the contact details provided in the Contact Us section of the Website and requesting a modification or cancellation. In the event you choose to cancel your Order, Milicare will initiate the refund of the amount for that Order to your credit card/debit card/bank account (as applicable) on file with Milicare within 30 (thirty) business days of receiving notice of cancellation.
  • If you have placed an Order that is subsequently rejected by Milicare, Milicare will initiate the refund of the amount within 30 (thirty) business days of giving you notice of rejection.
  • The Product available on the Website has been designed, tested, and marketed for use by residents of India only. All safety warnings, information, instructions, packaging, in-box materials and support services are provided only in English. You shall not use the Product for any illegal or unauthorized purposes. You shall not use the Product anywhere outside India.
  • You are solely responsible for ensuring the use of the Product only in India, and you accept that any problem arising from the use of the Product in a country other than India is not a valid claim under the warranty provided with your Product. To the extent permissible by law, Milicare accepts no responsibility or liability for any damage or loss caused by your access or use of the Website or Product in a country other than India.
  • The price that is payable to place Order shall be the price in INR on the date of the Order. Final charges may include applicable taxes and delivery charges. Milicare shall inform you of the final charges, if they are different from the details provided in the Website
  • We allow payments for Orders through credit cards, debit cards, and other methods that may be expressly provided for or agreed upon by Milicare.
  • Errors and omissions in respect of any price, or clear or easily perceivable inaccuracies and prices that have clearly occurred through manipulation, are subject to correction by our Company within a reasonable time, even after the Contract is concluded.
  • Milicare reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing, or calculation errors etc

DELIVERY

  • All Orders confirmed by Milicare will be delivered to the delivery address you specified while placing your Order. No changes can be made to the delivery address once order is placed. After shipping is initiated, delivery time will very depending on the delivery location and may take a few hours to few days. Milicare will make every effort, however, to deliver the materials within 2 weeks of shipment.
  • Products are subject to availability and prevailing market conditions. In the event of any delay in delivery of the Product, Milicare will, to the best of its abilities, attempt to inform you of the same at the earliest.
  • It is your responsibility to verify the quantity and condition of the merchandise upon delivery. You are not supposed to open the packet(s) on your own. An authorized person will visit your premises for installation and will open the packet(s) in your presence. Any damage or missing items should be reported by you to Milicare with consent of the authorized person for installation

RETURN POLICY

  • Product(s) once shipped will NOT be returned. No refund will be made after Product(s) is shipped
  • No refund or exchange will be given for any of the free gifts or consumables accompanying the Product.
  • In case of any manufacturing or other defect or damage in the product, found at the time of delivery, the same will be addressed as per Warranty Terms & Conditions and/or Technical Service Policy

SERVICE & REPAIR

  • Please access and review Installation and Operation Manual / User Manual accompanying the Product before requesting any service (“Service Request”). Please contact Milicare at the appropriate email ID to log a Service Request. Milicare Warranty Terms & Conditions and/or Technical Service Policy will apply
  • On receiving a Service Request a Milicare Service Representative will visit your premises and address the issues. Based on the repair / maintenance done and as per Milicare’s Warranty Terms & Conditions and Technical Service Policy, charges may apply.
  • Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, Milicare may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the Website for more details on this and other matters on obtaining warranty service.
  • Milicare will maintain and use customer information in accordance with the Privacy Policy.
  • Milicare does not provide any repair / servicing other than in India

CUSTOMER REPRESENTATION AND WARRANTIES

You represent and warrant to Milicare that:

  • You have the full power and authority to enter into any arrangement or agreement under these Terms of Sale
  • You are at least 18 (eighteen) years of age.
  • You have read and understood these Terms of Sale and are bound by them.
  • You shall not use the Product for any illegal or unauthorized purpose(s).

WARRANTY

For warranty and service information, refer to Milicare’s Warranty Terms & Conditions available on the Website and included with the Product.

LIMITED LIABILITY

  • Except as explicitly provided in these Terms of Sale, no representations have been made, and no warranties have been given to you by Milicare, its agents or employees, concerning the Product and none shall be implied from this transaction. We do not guarantee, represent, or warrant that your use of our service or any Milicare Product will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service or the Product will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • Milicare believes its Products work as intended, but you should not use any Milicare Product in any situation where health or safety might be at risk. In addition, Milicare Products should not be used by users under the age of 18 (eighteen) unless supervised. Milicare disclaims any express or implied warranty of fitness for such usage.
  • ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

THIRD-PARTY SERVICES

Certain services related to the Product may be provided by third parties ("Third-Party Services"). In the case of Third-Party Services, the third party providing such Third-Party Services (“Third Party”) shall be considered the contracting party, not Milicare, and the Third Party shall be the party responsible for providing the services to you. You will look solely to the third party for any loss, claims or damages arising from, or related to, the provision of such Third-Party Services. You specifically release Milicare from all claims arising from or relating to the purchase or provision of any such Third Parties Services. Third Party shall include, without limitation, any and all of Milicare’s authorized resellers, distributors, merchants and payment service providers etc

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Milicare, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

CONTACT

You can contact us by using appropriate means to contact, displayed in the Contact Us section of the website www.milicare.in and provided in detail in the User Manual

MISCELLANEOUS

  • Force Majeure - Milicare shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside Milicare’s reasonable control. Milicare will use reasonable efforts to mitigate the effect of a force majeure event.
  • Applicable Law – This document is governed by, construed under, and enforced in accordance with the laws of India, without regard to any conflict of law provisions. Any action or proceeding related to this document must be brought in the courts located only at Bhubaneswar, India. Any dispute arising out of, in connection with or relating to this document, will be adjudicated by courts at Bhubaneswar, India only
  • Severability - If any provision of these Terms of Sale is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be fully enforceable permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.