GENERAL TERMS & CONDITIONS OF SALE OF FROOTLE INDIA (“T&C”).

The Terms & Conditions of Sale set out herein are entered into between, firstly, Parthership firm Frootle India, which is registered under partnership act under the number MU000009758, the registered office of which is at D-001 Vijay Park, Mathuradas Extn Road, Kandivali West, Mumbai 400067, Maharashtra, India (hereinafter “Frootle India”), and secondly, any and all physical person who has full legal capacity (hereinafter the “Customer” and/or “you”) acting hereunder as a consumer, i.e. a natural persons acting outside of their profession.

Words with a capital letter shall have the meanings assigned to them in the T&C and/or the General Conditions of Use (“GCU”).

T&C

The T&C shall define the contractual relations between Frootle India and you regarding the sale of the Products of Frootle India. The T&C, supplemented by the GCU available on www.india.dreem.com/en/terms, shall prevail over any and all other general or special terms and conditions which are not expressly agreed to by Frootle India.

The T&C shall apply to all the Products offered for sale on www.india.dreem.com (the “Website”), for the whole period of time for which the Website is online. Given that the Website and regulations may change, Frootle India reserves the right to amend its T&C at any time. Said amendments shall be applicable as soon as they are put online. All new T&C replace the previous T&C. However, a given order is subject to the version of the T&C applicable at the time of said order. We recommend that you consult the GCU frequently, in particular the T&C set out herein, and that you save the latter on a durable medium. The purchase of the Product by the Customer entails an unconditional, full and complete acceptance of the T&C and a waiver of any conflicting document or conditions. Refusal to agree to the T&C excludes the Costumer from the sale agreement. Frootle India reserves the right to refuse orders from Customers who do not agree to or who do not comply with the T&C, and such Customers shall not be entitled to claim any compensation. The T&C are available on the shop page at https://india.dreem.com

In the absence of proof of the contrary, data recorded by Frootle India constitutes the entire proof of all transactions made between the Customers and Frootle India.

PRODUCTS

Frootle India offers for sale the Products listed on the Website. Frootle India undertakes that it shall describe the main characteristics of the Products as accurately as possible, that it shall display the price thereof, and likewise payment methods and any delivery restrictions, and lastly that it shall exercise its best efforts to ensure that the Website and the information thereupon is updated. Products for sale by Frootle India are intended for a private and non-commercial use. Any other purpose is excluded. Any use contrary to a private purpose or different from the one proposed in the technical documentation available on the Website and the documentation provided by Frootle India shall not be guaranteed by Frootle India.

ORDERING PROCESS AND THE FORMATION OF THE AGREEMENT

To place an order, you have to provide details regarding your identity and delivery information.

Orders are placed using the Website. You undertake to read the information notice for each Product. You shall then be asked to read the T&C, to agree to them unconditionally and to expressly acknowledge your payment obligation. You shall access the payment interface to pay the total amount of your order. A sale is considered complete when you have carried out the final approval and completed your payment. All paid orders constitutes an agreement to the T&C, supplemented by the GCU , and to the prices and descriptions of the Products. Your order shall be confirmed by Frootle India via an email. A first email shall confirm the contractual information regarding orders and a second email shall provide you with a tracking number.

PRICE

The prices of Products are stated in INR, including all taxes (GST), processing cost and shipping costs.

APPROVAL OF ORDERS BY Frootle India

Orders are approved provided that none of the following order termination conditions are met:

Unconditional acceptance of the T&C: Frootle India reserves the right to refuse any and all orders from Customers who refuse to agree to all or part of the T&C;

Availability: Products are offered for sale while stocks last. Details regarding the availability of the Products are given at the time of the order. In the event that all or some of the Products ordered are momentarily not available, Frootle India shall advise you of the situation forthwith. The purchase is subject to the availability of the Products on the Website. Otherwise, the sale shall be invalid, with no possibility for the Customers to claim any compensation

Billing and delivery addresses: Frootle India only accepts orders with billing and delivery addresses located in India.

In the event that one or more of the termination conditions set out above are met, you shall be informed of the situation by email. The order in question shall then be cancelled and you shall be refunded the total amount of the order, by means of the payment method used by you (bank card or bank account), within a maximum of 14 (fourteen) calendar days. Any changes in the GST rate and any and all new taxes may affect prices. Frootle India reserves the right to refuse to carry out a Customers’ order without providing any specific reason.

INVOICING AND PAYMENT

The Products are invoiced based on the prices which apply at the time the order is recorded. The amount invoiced shall be strictly equivalent to the total price indicated at the time of the order. Payment shall take place as soon as you confirm your order. Payment is made via credit/debit card or via Bank Trasnfer. Invoices shall be paid in INR. The Products shall remain the property of Frootle India until the price is fully paid.

The price shall be fully payable on the day the order is placed by the Client or in accordance with the conditions of the Website when the Customer chooses the multiple-installment interest-free payment plan. Frootle India shall not be bound to deliver the Product if the payment is incomplete. Frootle India further reserves the right to suspend or cancel the delivery of the Customer’s orders in case the aforementioned terms of payment are non-respected.

By placing an order online, the Customer authorizes the Frootle India to debit its payment card for the full amount of the order (including delivery charges and taxes, if applicable), if payment is made by payment card.

Any tax, duty or other levies payable in respect of the Indian regulations shall be paid by the Customer. Customers guarantee Frootle India they have the right to use the payment method they have selected. Frootle India reserves the right to suspend the order and delivery in case partial payment is received or amount is reversed.

DELIVERY

Once you have finalized your order, you will be given the estimated delivery date. This date may change depending on the shipping method and the delivery address. The given date is an estimate based on our average time frames required for processing an order and delivering it. This estimate does not constitute in any way a deadline or a liability for Frootle India. Frootle India is not liable for shipping delays due to the transporter, and in particular in case of a strike.

An email is sent once the Product is shipped and will include the delivery timeframe. The Customer is solely responsible for the accuracy of the data he provides when placing the order (last name, first name, contact details, shipping address, etc.) and the related consequences (delay, impossibility or error of delivery, etc.). The Products are shipped to the delivery address specified at the time of the order. If the address proves to be erroneous, the cost of shipping the Products to another address shall be borne exclusively by you. If the Products are available on different dates, the delivery timeframe is based on the later of the said dates. However, Frootle India reserves the right to split orders into multiple parcels. In such a case, an email shall be sent to you beforehand. In such a case, the processing and shipping costs shall only be invoiced on the basis of a single parcel. Orders are given in perfect condition to the transporter which is responsible for delivering them to Customers.

Delivery is deemed to have been made when the transporter provides you with your order. Said provision is established by the IT system used by the transporter. We recommend you check the Products at the time of delivery, and in the event that a Product is delivered and is non-compliant (i.e. the wrong product was sent, the product is defective, damaged or incomplete, etc.), we recommend that you supply to the shipping company a written detailed complaint at the time of delivery

SHIPPING COST

Shipping will be free of cost anywhere within India.

RIGHT OF WITHDRAWAL

The Customer has the right to return a Product for any reason within fourteen (14) calendar days. This period shall run as from the order delivery date (date as per postmark). These provisions shall only apply to a private use of the Product. In case of multiple orders, the withdrawal timeframe runs as from the delivery of the relevant Product.

You can exercise your right of withdrawal within the withdrawal timeframe by sending an email to Frootle India, or by means of any other unambiguous statement which expresses your desire to withdraw from the agreement using the email address . You can also use the withdrawal form. If you use this option, we will send you, without any delay, a receipt confirmation of the withdrawal on a durable medium (via email for instance). The withdrawal timeframe shall be deemed to have been respected when the Customers desire to withdraw has been notified to Frootle India within the withdrawal timeframe. Once you have exercised your right to withdrawal, you have thirty (30) days following notification of your decision to withdraw from the agreement to return the Product or Products to Frootle India in its/their original packaging and condition with its/their batterie(s), any accessories fitted and the invoice of the Product(s). Shipping costs shall be borne exclusively by you and you shall support the shipping risks of the item(s) during its return. In the event the serial number of the Product is incorrect or missing or if the original packaging of the Product is missing or if the Product has been damaged, Frootle India reserves the right to refuse the refund or to reduce the amount of the refund. The Product shall be returned according to Frootle India’s instructions and requirements for shipment. You shall be refunded the full amount paid for the returned Product, excluding delivery costs, within a maximum period of 14 (fourteen) days from reception of the Product by Frootle India or from the date on which you provide Frootle India with proof the Product has been sent, whichever of the two is the earliest. You may be held liable in the event that the Product or Products is or are damaged as a result of handling operations in respect thereof, apart from handling operations which are required to establish the nature, the characteristics and the proper operation thereof.

WARRANTIES

If you should have any other questions concerning warranties, please contact Frootle India at the following address: support@dreem.com..

WARRANTY DISCLAIMER

Any warranty claims shall be forfeited, in such cases:

PURCHASES MADE FROM ABROAD

Contractually Frootle India is authorized reseller only for India. In case of a purchase made for delivery outside India your payment shall be refunded after deduction of applicable bank charges. Once Product is taken outside India your warranty will be void, we shall not be able to provide you any support for Product carried outside India.

OWNERSHIP AND RISK TRANSFER

Frootle India is liable for the Products until they are delivered. The transfer of the risks from Frootle India to the Client shall take place as soon as the Product is delivered to the client and all risks become the Customer's responsibility (as non-limited examples: risk of loss, theft, deterioration, etc.)

Frootle India is liable for the Products until they are delivered. The transfer of the risks from Frootle India to the Client shall take place as soon as the Product is delivered to the client and all risks become the Customer's responsibility (as non-limited examples: risk of loss, theft, deterioration, etc.)

LIABILITY

Frootle India reminds its Customers that the Products that are sold on Frootle India’s Website are compliant with local applicable laws and regulation applicable in the Countries in which the Products are sold. Therefore, Frootle India disclaims any and all liability for not being compliant with local applicable laws if its its Products were to be used or imported in any other Countries.

The Costumer has under its sole responsibility the choice, use and conservation of the Products. Frootle India disclaims any and all liability in the event of deterioration, loss of data resulting from an improper use of the Product by a Customer or any third party.

Frootle India disclaims any and all liability in the event it is partially or totally impossible to use the Product due to in an incompatibility of the Product. Frootle India disclaims any and all liability in the event the damage is caused by the Customer or any third party.

Frootle India disclaims any and all liability in the event of a breach of one of its contractual obligations which is consecutive upon an unforeseen circumstance All other provisions shall remain in full force and effect. Frootle India will inform the Customer of the event within seven (7) working days from its occurrence and will fulfill its obligations once the event has ceased.

If the event lasts more than a month, the Customer is entitled to terminate the contract as of right. The following are, in particular, deemed to be cases of unforeseen circumstances or of force majeure/unavoidable accident: any and all non-performance or delay in the performance of an order or as regards the sending of an order, which are caused by events outside of its control, such as:

PROOF UNDERSTANDING

The Customer’s personal data collection shall take place in accordance with the GCU. Collected data are kept for the period strictly necessary for the purposes defined by the GCU. As such, the data retention period is five (5) years from the date of order. At the end of this period, your personal data is either deleted or archived so that Frootle India is able to meet its legal and regulatory obligations. Your data is processed by the internal teams of Frootle India as part of the customer relationship. You can exercise your rights of access, rectification, opposition and deletion at any time, and define the fate of your data after your death by sending a letter or email, along with an identity document, to the following address: support@dreem.com –Frootle India, 701 B, Tower B, One BKC, G Block, Bandra Kurla Complex, Bandra East, Mumbai 400051, Maharashtra, India