Terms and Conditions

                    Terms and Conditions for Selling New Phones and Accessories

Welcome to Phone Mechanic. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Phone Mechanic relationship with you in relation to this website.

Phone Mechanic is authorized to sell Mobile phones to accessories to consumers only, any retailer/distributor/Mobile shop owner placing multiple orders will be cancelled & all such entities will be penalized with 2% Payment Gateway Fee additionally on Top, We advise you to contact us directly for B2B enquirers (more than one purchase) to check with us before placing order.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced on this website which are not the property of, or licensed to, the operator is acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Phone Mechanic prior written consent
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
• Only unused and boxed handsets are eligible for exchange in case of incorrect delivery or logistics error.

Unless otherwise agreed in writing with Phone Mechanic, your agreement with Phone Mechanic will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the general terms

• ACCEPTING THE TERMS: In order to use the services, you must first agree to the terms. You may not use the services if you do not accept the terms.
• CLICK TO ACCEPT OR AGREE TO THE TERMS: where this option is made available to you by Phone Mechanic in the user interface for any service; or by actually using the services. In this case, you understand and agree that Phone Mechanic will treat your use of the services as acceptance of the terms from that point onwards. You may not use the services and may not accept the terms if,
  • you are not of legal age to form a binding contract with Phone Mechanic, or
  • you are a person barred from receiving the services under the laws of India.

• SITE CONTENT:

• You acknowledge that the site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
• All content is copyrighted as a collective work under the Indian copyright laws and we own a copyright in the selection, coordination, arrangement, and enhancement of such content.
• You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the content in any way, and maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.
• In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software if any
• Online pricing and offers are valid for online customers only.

• ADVERTISEMENTS:
  • Some of the services are supported by advertisements and sales promotions. These advertisements may be targeted to the content of information stored on the services, new launches, and queries made through the services or other information.
  • The manner, mode and extent of advertising by Phone Mechanic on the services are subject to change without specific notice to you.
  • In consideration Phone Mechanic granting you access to and use of the services, you agree that Phone Mechanic may place such advertising on the services.

• 24-48 HOURS DELIVERY
  • 24-48 hours delivery service is available only if orders are placed during business hours from 10 am – 7 pm only (Sunday Holiday).
  • In case the phone of your choice is not in stock in the nearest store, the delivery time might be increased by an hour but we will make sure the product reaches your doorstep at the earliest.

• SUBMISSIONS:
  • If you submit, post or otherwise send us any information, content or materials including, without limitation, comments, reviews, data, text, messages, files, images, photographs, videos, audiovisual works, other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, shall be entitled to unrestricted use of such submissions for any purpose at all, commercial or otherwise, without the requirement of any further permission from or payment to you or to any other person or entity, including without limitation for inclusion in any future gale publication or gale product, with no compensation to you.
  • No submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any submission. Without limiting the previous, you hereby grant us.

• PAYMENT AND BILLING: You must select a payment method to pay us for any purchases you make from us. Every time you use the service, you reaffirm that
  • We or our authorized billing agents are authorized to charge your designated payment method.
  • We may submit charges incurred under your account for payment, and you will be responsible for such charges, even if your membership is cancelled or terminated. You agree that we may charge your payment method for all amounts due to us without additional notice or consent unless required otherwise by law.
  • You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).
  • We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the site and apply those charges to your next billing cycle. All purchases for mobile, services, accessories, and all subscriptions are final and non-refundable.
  • You must notify us about any billing problems or discrepancies within 5 days after they first appear on the statement you receive from your bank or Credit Card Company.
  • If you do not bring such problems or discrepancies to our attention within 5 days, you agree that you waive the right to dispute such problems or discrepancies.
  • In case of Order cancellation, the mode of payment will be done by transferring through NEFT or by giving cheque within 14 working days. (i.e. we can’t offer your payment as cash)

• PROOF OF IDENTIFICATION: Phone Mechanic reserves the right to ask for defined proof of identification at the time of delivery. Failure to provide the same to either the Phone Mechanic or any of its associates can lead to the cancellation of the order. In case of any gift items, the customer who has made the transaction online will have to provide his/her proof of identification.

• LIMITATION OF LIABILITY: You hereby agree to fully indemnify, defend and hold our company and its parent and affiliates and their respective officers, directors, employees and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by you in connection with
  • Any use or alleged use of Phone Mechanic /services through your account by any person, whether or not authorized by you;
  • The operation and content on your site or
  • Any breach of your representations and warranties and other covenants under this agreement Phone Mechanic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, and agree to cooperate with Phone Mechanic defense of such claim. Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the mobile store(s)/content producer or Phone Mechanic be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the mobile store(s).
• APPLICABLE TAXES: Unless otherwise stated, all prices exclude Goods and Services Tax / central sales tax and service tax as applicable in India.

• WARRANTY: Mobile handsets & chargers are warranted for a period defined by the respective manufactures agents defect in material & workmanship. Phone Mechanic is not giving the warranty and does not hold out any warranty on products sold. Phone Mechanic will not be responsible for any defective/deficient or otherwise unsatisfactory products any such defective or deficient goods has to be repaired only by authorized service centre of the equipment manufacturer. All the terms and conditions of Phone Mechanic apply, subject to Nagpur  Goods once sold cannot be returned or exchanged.

• GOVERNING LAW AND JURISDICTION: These terms and conditions shall be governed by and construed in accordance with the law of India and any legal discrepancy or disputes will be heard or proceed in the exclusive jurisdiction of the Indian courts at Nagpur, (Maharashtra) India.