Terms & Conditions

Acceptance of Terms, etc

1. These Terms of Use is in the form of an electronic and legally binding contract that establishes the terms and conditions you have accepted before using the Website. These include our Privacy Policy and Other Policies as mentioned in these Terms of Use as well as other specific policies and terms and conditions disclosed to you, in case you avail any products or services we offer on or through the Website, whether free or otherwise, including but not limited to terms governing features, billing, discounts, promotions, refunds, cancellations and shipping. By using the Website, you hereby unconditionally consent and accept to these Terms, Privacy Policy, and such Other Policies. To withdraw such consent, you must immediately cease using the Website and terminate your account, if any, with us. You are requested to keep a physical copy of these Terms of Use and all other referred policies herein for your records.
2. Every time you use the Website, you confirm your express agreement with our Terms of Use, Privacy Policy and Other Policies.

Eligibility

1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and who have attained a minimum age of 18 (eighteen) years. By using the Website, you represent and warrant that you are at least 18 (eighteen) years of age. As a minor if you wish to use or make any transaction on the Website, such use or transaction may be made by you through your parents or legal guardian. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years.
2. By using the Website, you hereby represent and warrant to us that you have all right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions thereof.
3. Unless otherwise specified, the various products showcased on the Website are currently offered for sale in India only. We make no representation that such products will be sold or delivered in any other jurisdiction. Those who choose to access the Website from outside India can do so on their own account and we shall not be responsible for any circumstances thereof.

Proprietary Rights

1. You confirm and agree that we and/or our vendor partners are the owners of the proprietary information made available to you through the Website and hereby retain all proprietary rights in the same.
2. We may upload/publish/post any copyrighted information and materials on the Website, whether having copyright protection or not and whether bearing any trademark or not, or which may be identified as copyright or a trademark. You undertake not to post, copy, reproduce, manufacture, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information or materials in any way, whether partly or fully, and for any purpose whatsoever.
3. By posting information or content to any permitted area of the Website, or making it accessible to us by linking your account to any social network accounts (e.g. via Facebook, etc.), you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide right and license to use, reproduce, store, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the Website or create, add, test or implement new features or programs on the Website in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms of Use.

Payments

GM5 uses third party payment gateways for processing payment of all orders from the Website. GM5 is not responsible for any delays or cancellation of orders due to any payment related issues. As we do not control such third party’s technology, platforms, systems and processes, we cannot be held liable or responsible for any error or fault at the end of such third party payment gateway service providers.

Shipping Policy

GM5 is currently shipping all over India. GM5 understands how important it is to receive your purchased products in the finest condition and on time; hence our team works round the clock to try and get your products across to you in the shortest timeframe possible.

All our products are shipped out between 1 – 3 working days depending on the products. In situations beyond GM5’s control, there may be circumstances, which cause a delay. In such cases, GM5 will ensure delivery in the earliest possible timeframe.

Cancellations

As a policy, orders once placed cannot be cancelled. However, the whole order amount for the products ordered by you will be refunded if the order is lost or undelivered to your preferred location.

GM5 reserves the right to cancel any order without any explanation for doing so, under the circumstances where the requirement could not be met. The company will ensure that any communication of cancellation of an order or any applicable refund will be made in a reasonable time.

Returns & Refunds

If the product is found defective, please call to +917347650005 within 7 days of receipt of the product(s). We will arrange the reverse pickup for the product and then issue a new product in replacement.

Original product must be in sealed, unused condition and in it’s original packing.

You also agree and acknowledge that all replacement requests are subject to availability of stock.

In case of refunds, the full amount, after deducting the shipping charges, will be refunded to the original mode of payment.

Intellectual Property

GM5 and its licensors expressly reserve all intellectual property rights in all content, products, and other materials, which appear on the Website. The Website is proprietary to us and is our intellectual property. All intellectual property rights in and to the content available on the Website belongs to us / our licensors. Any use of the Website or its contents, including copying or storing any of them, whether in whole or part, other than for your own personal and non-commercial use, is prohibited without our express permission. You hereby acknowledge that you will not acquire any right, title and/or interest in or to the Website except as expressly set forth in these Terms of Use.

Communication

When you visit gm5.in, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, phone call, whatsapp or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

Disclaimer of Warranty

We may edit, delete, or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping on our site following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.

Acknowledgment of Rights

1. To the maximum extent permitted by applicable law. we have provided the Website on an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect, statutory or otherwise with respect to the website or the result of the website (including all information and content contained therein), including any implied warranties of correctness, validity, accuracy, appropriateness, fitness, merchantability or compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website or in the products offered from the Website will be corrected. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.
2. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of the respective Website users, and should not necessarily be relied upon. Such users are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.
3. From time to time, we may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty clause shall apply with full force to such features and tools.
4. We accept no responsibility for any damage, loss, liabilities, injury, or disappointment incurred or suffered by you as a result of the use or non-use of the Website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the website, result of using the website including, without limitation, damages for recommendation of the website, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages in connection with the use or non-use of the website, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from therefrom.

Indemnification

You agree to indemnify, defend and hold harmless GM5 and its affiliates and subsidiaries and each of their officers, directors, employees, agents, consultants, partner sites and related third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to (i) any violation by you of these Terms of Use, or (ii) any action arising from the content that you publish/post on the Website that infringes the intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defences in such case.

Product Pricing and Description

The product price displayed on our Website represents the full retail price listed for the product itself. Such list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We do not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free.

Modifications to the Website

We reserve the right at any time to modify or discontinue, whether temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. Any access or usage by you of the Website shall imply that you have accepted any new or modified Terms of Use. Please re-visit these Terms of Use from time to time to stay abreast of any changes that we may introduce.

Miscellaneous

1. Entire Agreement:These Terms of Use constitutes the entire agreement between you and GM5 regarding the subject matter hereof and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between you and us.
2. Amendment:We reserve the right to amend these Terms of Use from time to time at our sole discretion. Any such amendments will be applicable to all persons viewing/accessing/using the Website once the revisions have been posted onto the same. You should therefore check the Website from time to time to review the current Terms of Use.
3. Survival:Termination or suspension of your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
4. Governing Law and Jurisdiction:These Terms of Use shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same and any competent courts situated at Mumbai shall have the exclusive jurisdiction.
5. No Assignment: These Terms of Use are personal to you. You cannot assign any of your rights or obligations, whether partly or fully, to any third party.
6. Severability:If any provisions of these Terms of Use are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
7. Waiver:No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms of Use.