Datenschutzrichtlinie

Protecting your privacy is a fundamental principle that we take very seriously. We are committed to storing and processing your information, including any sensitive financial information collected, securely on computers protected by physical and technological security measures in accordance with the Information Technology Act 2000 and associated regulations. If you have any concerns about the transfer or use of your data in this way, please do not use the Website. We may share your personal data, transaction history, preferences and browsing behavior, including purchases, refunds and other relevant details, with our affiliated companies. If you object to such sharing of your data, you have the option to do so,

(a) contact us at support@appeartech.com or

(b) not to use the Website.

As a result of this disclosure, our affiliated companies may engage in marketing communications with you, unless you expressly object to this.

We may share personal data with our service providers, such as logistics, billing or collection companies. Such disclosure may be necessary to provide you with access to our services, to comply with our legal obligations, to enforce our Terms of Use, to support our marketing and promotional efforts, or to prevent, detect, mitigate and investigate fraudulent or illegal activities in connection with our services. We do not share your personal data with third parties for their marketing and advertising purposes without your express consent.

In certain circumstances, we may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to comply with a subpoena, court order or other legal process. We may also disclose your personal information to law enforcement authorities if we believe in good faith that such action is necessary to: enforce our Terms of Use or Privacy Policy; investigate claims that any advertising, posting or other content violates the rights of third parties; or protect the rights, property or personal safety of our users or the public.

If we (or our assets) plan to merge with or be acquired by another company or undergo a reorganization, merger or restructuring, we and our affiliates may transfer or sell all or part of your personal information. In such a scenario, the other company (or the new merged company) will be required to comply with this Privacy Policy with respect to your personal information.

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More about data protection

Data protection of others

You are prohibited from disclosing, selling, renting or distributing user data to third parties for purposes unrelated to the services. Furthermore, you may not use the data for marketing purposes, either electronically or in any other way, unless you have obtained the express consent of the respective user.

Disclaimer of warranty and liability

This website and all materials, products (including software) and services provided on or through this website are provided "as is" and "as available" without any representations or warranties, express or implied, unless otherwise agreed in writing. Notwithstanding the foregoing statement, Eco-Smart makes no warranty that:

This website will be available permanently or at all; or
The information on this website is complete, accurate, true or free from misleading content.

Eco-Smart accepts no liability to you in any way or in connection with the content, use or other connection with the Website. Eco-Smart does not warrant that this website, the information, content, materials, products (including software) or services provided on or through the website, its servers or electronic communications sent by us are free from viruses or other harmful components.
Nothing on the Site constitutes or should be construed as advice of any kind. All products and services sold by independent sellers on the Site are subject to the laws of other states. If a seller is unable to deliver a product or service due to the effect of other states' laws, the seller will refund or credit the amount received in advance from the sale of the product or service that could not be delivered to you.

Limitations of liability

In no event shall Eco-Smart be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been advised in advance of the possibility of such damages. Eco-Smart's liability shall in all circumstances be limited to the amount of the fees paid by you to Eco-Smart or the transaction price (as the case may be).

General information:

Nothing in these Terms of Use creates a partnership or agency between you and Eco-Smart, and you are not authorized to bind Eco-Smart in any way.

Note:

Unless expressly stated otherwise, notices on behalf of Refitglobal.com will be sent by mail to Eco-Smart, Attn: Eco-Smart, Tallinn, Kesklinna linnaosa, Vesivarava tn 50-301, Harju maakond 10152, or to the e-mail address you provided during registration. Notices are deemed received 48 hours after the e-mail is sent, unless the sender is informed that the e-mail address is invalid. Alternatively, we may send notices to you by registered mail, postage prepaid, return receipt requested, to the address provided at registration or as subsequently updated. In such cases, notices will be deemed received three (3) days after the date of mailing.

Severability clause:

If any provision of these Terms of Use shall be invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Entire agreement:

These Terms of Use constitute the entire agreement between you and Eco-Smart with respect to the subject matter hereof.

Assignment:

Eco-Smart may, in its sole discretion, assign its rights and obligations under these Terms of Use without your prior express consent (also referred to as an "Assignment"), provided that Eco-Smart assigns the Agreement on the same or no less favorable terms to you.

Sale

As a registered seller, you may offer items on the Site in accordance with the rules and policies incorporated by reference into these Terms of Use. You must be legally authorized to sell the items offered on the Site. It is your responsibility to ensure that the items offered do not infringe any intellectual property rights, trade secrets or other proprietary rights, or the privacy or personal rights of any third party. Listings may only contain text descriptions, graphics and images that accurately describe your item for sale. All items offered must be placed in an appropriate category on the website. You must maintain sufficient stock of all items offered to enable successful sales.

The item description in the offer must not be misleading and must accurately reflect the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund all payments received from the buyer. You are not permitted to offer the same product in multiple quantities in different categories on the website. Eco-Smart reserves the right to prohibit your multiple listings of the same product in different categories.

Payment

When using any of the payment methods available on the Website, we accept no responsibility or liability for any loss or damage that may arise directly or indirectly from the following:

Missing authorization for one or more transactions.
Exceeding the preset limit agreed between you and the respective bank(s).
Payment problems arising from the transaction.
Rejection of transactions for other reasons.

All payments for purchases/services on the Website must be made in Indian Rupees, the only accepted currency in the Republic of India. The website does not allow transactions in other currencies for purchases made there.

Before shipping or delivering your order, the seller may request supporting documents such as government-issued identification and proof of address to verify ownership of the payment method you used to make the purchase. This verification process is designed to provide a secure online shopping environment for all our users.

In addition:

Transactions, transaction prices and all terms and conditions, including delivery and shipment of products/services, are contractual obligations between buyer and seller. The payment facility provided by Eco-Smart is solely for the purpose of processing the transaction. Eco-Smart is not liable for non-delivery, non-receipt, non-payment, damages, breach of representations and warranties, failure to provide customer or warranty service or fraud in connection with the products/services listed on the website.
By accepting these Terms of Use, you authorize Eco-Smart or its service providers to collect, process, facilitate and remit payments and/or transaction prices electronically to and from other users via the Payment Facility. Eco-Smart operates on a principal-to-principal basis and acts as an independent contractor. Eco-Smart does not control or assume any liability for the products or services listed on the Site that are paid for through the Payment Feature. Eco-Smart does not guarantee the identity of any user or the completion of any transaction between buyer and seller.
Please note that the payment option offered by Eco-Smart is not a banking or financial service. It serves as an electronic payment, receipt and transfer facility and uses authorized banking infrastructure and credit card payment gateway networks. Eco-Smart does not act as a trustee or fiduciary with respect to the transaction or the transaction price.

It is important to consult Eco-Smart's official terms and conditions or seek legal advice for accurate and up-to-date information, as the above reworded version is a human-made interpretation and should not be considered legally binding.

Payment option for buyers

As a buyer, you acknowledge that the initiation of a transaction creates a legally binding and enforceable contract with the seller. You are obliged to pay the transaction price to the seller via your issuing bank using the payment option.

You, the Buyer, may agree with the Seller to extensions or extensions of shipping and/or delivery times through electronic communications and records by using the automated features of the Payment Option. All changes to the transaction must comply with the rules and guidelines of the payment option.

In the event of delivery or non-delivery, you are obliged to notify the payment option immediately via the corresponding functions on the website within the period specified in the guidelines. Otherwise, the transaction will be considered fulfilled. In the case of cash on delivery payments, confirmation of receipt of the products or services is not required.

If you do not receive the delivery within the agreed period or the period specified in the Policies, whichever is earlier, you will be entitled to a refund of the Transaction Price as your sole remedy. However, if you do not claim a refund within the specified period, your right to a refund will lapse.

Please note that the payment facility for certain categories of products/services/transactions as mentioned in the Policies may not be available in whole or in part. Consequently, you may not be entitled to a refund for transactions related to these specific products and/or services.

Refunds, with the exception of cash-on-delivery transactions, will be made via the same issuing bank or with the same original payment method used for the transaction. For cash-on-delivery transactions, refunds will be made by money order in favor of the buyer (according to the registration details provided) or by other agreed payment methods.

Refunds will be processed in Indian Rupees only and will be equivalent to the transaction price received in Indian Rupees. In case of electronic payments, refunds will be made through NEFT/RTGS payment facility or any other online banking/electronic funds transfer system approved by the Reserve Bank of India (RBI).

Refunds are subject to conditions and are subject to Eco-Smart's right of recourse in the event of misuse by the purchaser.
Refunds will be made on the condition that the buyer complies with the guidelines.

Eco-Smart reserves the right to limit the number of transactions or the transaction prices that Eco-Smart may receive from a single valid credit/debit/money card/bank account and such other infrastructure or financial instrument directly or indirectly through a payment aggregator or through any such entity authorized by RBI to provide a supporting facility for collection and remittance of payments, or from a single buyer during any period and reserves the right to refuse to process any transaction in excess of such limit.
Eco-Smart reserves the right to refuse to process transactions from buyers with a history of questionable charges, including but not limited to the buyer's violation of agreements with Eco-Smart or violation/violation of laws or issuing bank's charges or violation of policies.
Eco-Smart may, for security or other reasons, carry out checks at its own discretion before releasing the receipt of payment (in the case of cash on delivery). If Eco-Smart is not satisfied with the creditworthiness of the buyer or the authenticity of the transaction or for any other reason at its sole discretion after such verification, Eco-Smart shall be entitled to reject the buyer's payment receipt/obligation. For the avoidance of doubt, it is hereby clarified that the "Cash on Delivery" payment facility may be disabled for certain Account Users at Eco-Smart's sole discretion.
Eco-Smart may delay notification of payment confirmation, i.e. notifying the seller to ship, if Eco-Smart deems it suspicious or for high volume buyers to ensure the security of the transaction and transaction price. In addition, Eco-Smart may withhold the transaction price and not require the seller to ship or remit the transaction price to law enforcement (instead of refunding it to the buyer) if law enforcement so requests or if the buyer is involved in any form of illegal activity.
Buyer and Seller acknowledge that Eco-Smart shall not be liable for any damages, interest or claims etc. arising out of any failure to settle any transaction/transaction price or any delay in settlement of any transaction/transaction price which is beyond the control of Eco-Smart.

Compliance

When using any of the payment methods available on the Website, we accept no responsibility or liability for any loss or damage that may arise directly or indirectly from the following:

Missing authorization for one or more transactions.
Exceeding the preset limit agreed between you and the respective bank(s).
Payment problems arising from the transaction.
Rejection of transactions for other reasons.

In addition:

Transactions, transaction prices and all terms and conditions, including delivery and shipment of products/services, are contractual obligations between buyer and seller. The payment facility provided by Eco-Smart is solely for the purpose of processing the transaction. Eco-Smart is not liable for non-delivery, non-receipt, non-payment, damages, breach of representations and warranties, failure to provide customer or warranty service or fraud in connection with the products/services listed on the website.
By accepting these Terms of Use, you authorize Eco-Smart or its service providers to collect, process, facilitate and remit payments and/or transaction prices electronically to and from other users via the Payment Facility. Eco-Smart operates on a principal-to-principal basis and acts as an independent contractor. Eco-Smart does not control or assume any liability for the products or services listed on the Site that are paid for through the Payment Feature. Eco-Smart does not guarantee the identity of any user or the completion of any transaction between buyer and seller.
Please note that the payment option offered by Eco-Smart is not a banking or financial service. It serves as an electronic payment, receipt and transfer facility and uses authorized banking infrastructure and credit card payment gateway networks. Eco-Smart does not act as a trustee or fiduciary with respect to the transaction or the transaction price.

Payment option for buyers

Eco-Smart reserves the right to limit the number of transactions or the transaction prices that Eco-Smart may receive from a single valid credit/debit/money card/bank account and such other infrastructure or financial instrument directly or indirectly through a payment aggregator or through any such entity authorized by RBI to provide a supporting facility for collection and remittance of payments, or from a single buyer during any period and reserves the right to refuse to process any transaction in excess of such limit.
Eco-Smart reserves the right to refuse to process transactions from buyers with a history of questionable charges, including but not limited to the buyer's violation of agreements with Eco-Smart or violation/violation of laws or issuing bank's charges or violation of policies.
Eco-Smart may, for security or other reasons, carry out checks at its own discretion before releasing the receipt of payment (in the case of cash on delivery). If Eco-Smart is not satisfied with the creditworthiness of the buyer or the authenticity of the transaction or for any other reason at its sole discretion after such verification, Eco-Smart shall be entitled to reject the buyer's payment receipt/obligation. For the avoidance of doubt, it is hereby clarified that the "Cash on Delivery" payment facility may be disabled for certain Account Users at Eco-Smart's sole discretion.
Eco-Smart may delay notification of payment confirmation, i.e. notifying the seller to ship, if Eco-Smart deems it suspicious or for high volume buyers to ensure the security of the transaction and transaction price. In addition, Eco-Smart may withhold the transaction price and not require the seller to ship or remit the transaction price to law enforcement (instead of refunding it to the buyer) if law enforcement so requests or if the buyer is involved in any form of illegal activity.
Buyer and Seller acknowledge that Eco-Smart shall not be liable for any damages, interest or claims etc. arising out of any failure to settle any transaction/transaction price or any delay in settlement of any transaction/transaction price which is beyond the control of Eco-Smart.

Compensation

You agree to indemnify and hold Eco-Smart, its owner, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, harmless from any claim, demand, suit, including reasonable attorneys' fees, made by any third party or penalty imposed as a result of your violation of these Terms of Use, Privacy Policy and other policies or your violation of any law, rule, regulation or right (including intellectual property rights) of any third party.

Release

In the event of a dispute with one or more users, you release Eco-Smart (including its affiliates, subsidiaries, officers, directors, employees and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By this release, you expressly waive any protection (statutory or otherwise) that would otherwise limit the scope of this release to those claims that you know or suspect to exist in your favor at the time you agree to this release.

Applicable law

These Terms of Use shall be governed by and construed in accordance with the laws of India. The exclusive place of jurisdiction is New Delhi.

Questions of responsibility

Unless expressly stated otherwise, the materials on the Site are offered by independent sellers for sale in India only. Eco-Smart makes no representation that materials on the Site are appropriate or available for use in countries other than India. Those who choose to access this Site from countries other than India do so on their own initiative. Eco-Smart is not responsible for the supply of products or refunds for products ordered from countries other than India or for compliance with local laws, if and to the extent local laws are applicable.

Trademarks, copyright and restrictions

This website is controlled and operated by Eco-Smart and the products are sold by the respective suppliers. All materials on this website, including images, illustrations, audio and video clips, are protected by copyright, trademark and other intellectual property rights. The materials on this website are intended solely for your personal, non-commercial use. You may not directly or indirectly copy, reproduce, republish, upload, post, transmit or distribute these materials, including by e-mail or other electronic means. You may not assist any other person in doing so. Modification of the Materials, use of the Materials on any other website or networked computer environment, or use of the Materials for anything other than personal, non-commercial use without the prior written consent of the Owner is a violation of copyright, trademark and other proprietary rights and is prohibited. Any use for which you receive compensation, monetary or otherwise, constitutes commercial use for purposes of this clause. If you believe that your trademark has been infringed, please contact us.

Product description

Sellers are responsible for the accuracy, completeness, reliability and timeliness of their product descriptions, content, features, quality, condition, pricing and other related information. Eco-Smart does not guarantee the accuracy, completeness, reliability, timeliness or accuracy of the product descriptions or other content on this website and assumes no liability in this regard.

Complaints officer

In accordance with the Information Technology Act 2000 and the regulations made thereunder, the name and contact details of the Complaints Officer are as follows: Eco-Smart Tallinn, Kesklinna linnaosa, Vesivarava tn 50-301 Harju maakond -10152 E-mail: support@appeartech.com

Further guidelines

Policy on obscene language:

Eco-Smart prohibits the use of racist, hateful, sexual or obscene language in public spaces. This also applies to text in listings, on seller pages and in all other areas of the website that can be viewed by other users. If vulgar words are part of an item title, sellers may obscure the majority of the offensive word with asterisks. Violations of this policy may result in disciplinary action, up to and including account suspension.

Other companies:

Eco-Smart is not responsible or liable for the promotions, products, content and services on the Website that are linked to partner and/or third party websites via the Website's APIs or otherwise. In addition, the Website may contain links to websites of partners and other companies, which Eco-Smart is not responsible for reviewing or evaluating. Eco-Smart does not endorse third-party websites or their content.

Security:

The security of your data is extremely important to us. We take comprehensive measures to protect your data. Your data is encrypted to the highest encryption standards in the industry. Our infrastructure and systems have multiple layers of security to ensure the safety of your data. Our world-class data center is constantly monitored and has multiple security controls in place. We engage reputable external auditors to test the security of our systems and infrastructure. We continually review and update our security procedures, using the latest technologies for best-in-class data security. Access to Eco-Smart's secure website/app is via your login ID and password. Audit trails monitor account logins and ensure authorized access.

Further warranty conditions
Warranty conditions

Proof of purchase (invoice) is required to claim the warranty.
Warranty repairs are only carried out by authorized service centers.
If the customer is located outside the service center area, he must take or send the device to the nearest authorized service center at his own expense and risk.
The warranty is not extended after the repair; it applies from the original date of purchase.
Only defective parts are repaired or replaced, not the entire appliance.
Eco-Smart can use new, reconditioned or remanufactured parts for repairs.
The warranty does not cover transport costs to the service center.

What is NOT covered by the warranty

Physical damage or liquid damage - cracks, broken parts or water damage are not covered.
Heating problem when charging - If the phone heats up when charging, this is not a defect and is not covered.
Software problems - Problems caused by updates, app installations or software errors are not covered.
iOS update problems - If problems occur after an iOS update, these are not covered by the warranty.
Display damage due to improper handling - lines, stains or dots on the display due to drops or improper handling are not covered.
Battery and accessories - Battery condition, bloat, backup issues and unauthorized chargers are not covered.
Normal wear and tear - scratches, dents, faded colors and minor defects are not covered.
Unauthorized repairs - If the device is repaired by an unofficial service center, the warranty is void.
Rooting or jailbreaking - If the user modifies the software (rooting, jailbreaking), the warranty becomes void.
Damage caused by insects or pets - If the appliance is damaged by rats, cockroaches or other animals, this is not covered.
Natural disasters - damage caused by fire, flood, earthquake, lightning or overvoltage is not insured.
Data loss - Eco-Smart is not liable for the loss of files, apps or data during the repair. Customers should perform a data backup before sending in the device.

How to make a warranty claim

Visit your nearest authorized Eco-Smart service center or contact customer service via WhatsApp.
Bring the original packaging, all accessories and the invoice with you.
Back up your data and remove personal information before sending in the device.
If a manufacturing defect is detected, Eco-Smart can repair or replace the appliance or issue a refund or voucher, depending on stock levels.
If the problem is not covered by the warranty, a chargeable repair is possible.

Policy for defective products (mobile devices, tablets and wearables)

If your product does not work properly after opening the packaging, please report this within three days of purchase.
For assistance, please contact the nearest authorized Eco-Smart Service Center or Eco-Smart Customer Service. Bring the original packaging, all accessories and the purchase invoice with you.
The Service Center checks the product for an actual manufacturing defect.
In the event of a manufacturing defect:

The product can be replaced.
If the same model is not available, you may receive a refund or an Eco-Smart purchase voucher of the same value.

If there is no manufacturing defect or the problem was caused by misuse, the warranty conditions do not apply.