Terms & Conditions
Terms & Conditions
Domain name www.SoulSpaze.com (hereinafter referred to as “SoulSpaze” ) has its registered office at A-403, Plot No. 12, Sector 5, Dwarka, New Delhi.
Your use of the Website and its services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with SoulSpaze and these terms and conditions including the policies constitute your binding obligations, with SoulSpaze.
Here wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed or uses the website to any purchase or using any feature of the website. SoulSpaze may allow the User to surf the Website or making purchases with or without registering on the Website. The term “We”, “Us”, “Our” shall mean SoulSpaze.
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by SoulSpaze. By using the shopping services of SoulSpaze you agree to be bound by these terms and conditions.
The laws of India shall apply and Courts in Delhi in exclusion of any other courts shall have jurisdiction in respect of all the terms, conditions and disclaimers. SoulSpaze reserves the right to make changes, amendment, addition or deletion to the website and the terms, conditions and disclaimers at any time and without notice to you. For all matters related to or arising out of this policy, the Courts of Delhi shall have exclusive jurisdiction.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with Us through electronic records and you consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. We are not responsible for typographical errors. Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event we may cancel such your order(s).
DISCLAIMER OF WARRANTIES AND LIABILITY
On this Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, SoulSpaze does not warrant that:
This Website will be constantly available or available at all;
The information on this Website is complete, true, accurate or non-misleading;
SoulSpaze does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication. SoulSpaze will not be liable for any damages of any kind arising from the use of the sites, including but not limited to direct, indirect, incidental, punitive, or consequential damages. Any material downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk, and you are solely responsible for any damage to your computer system, breach of security, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through SoulSpaze will create any warranty not expressly stated herein.
SoulSpaze shall not be liable for any delay / non-delivery of purchased goods, due to flood, fire, wars, acts of God or any cause that is beyond the control of SoulSpaze. All the prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of SoulSpaze and orders can be cancelled if the product goes out of stock.
SoulSpaze will not be liable to in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. SoulSpaze does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by applicable laws of India and in case we unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received from the sale of such Product that could not be delivered to you. Rights reserved with Game Shop Retail Pvt. Ltd. and it may take longer duration to settle after investigating such cases.
You will be required to enter valid contact details while placing an order on the Website. By registering your contact details with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We may update you with more related information or offers only through the contact details provided by you.
Browsing, activities of buying and membership on the Website are free for buyers. SoulSpaze reserves the right to change its Fee Policy from time to time. In particular, SoulSpaze may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SoulSpaze reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to SoulSpaze.
PAYMENT AND SECURITY
There are lot of options for making payments now a days like credit cards, debit cards, cash on delivery. You can be assured with the trusted payment gateway partners as they use secure encryption technology to keep your transaction details confidential at all times. However, the following points are needed to be kept in mind while using these options:
You can use PayPal, Visa, Master Card, Maestro Card, Diner Club Card for making payments
Debit cards, Credit Cards are accepted
While using your credit/debit card you can increase the protection of your cards by entering the CVV and 3-D secure password when making the payments
Do not share the CVV / 3-D secure password / OTP to anyone
SoulSpaze may allow users to the Sites to post reviews and comments (“Content”) on products featured on the Sites. By submitting such Content, you automatically agree and promise that all Content is accurate and original and that, without any particular time limit, and without the payment of any fees. Additionally, you grant SoulSpaze the right to use the name you submit in connection with such Content. We do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
We do not endorse any user content. Users to the Sites are prohibited from posting through the Sites any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libellous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that SoulSpaze does not endorse or pre-screen content, but that SoulSpaze and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is available via the Sites. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content posted by you.
Items sold are generally intended for normal domestic and consumer use and not for resale or commercial use. You agree that the products are provided to you by way of a license only and that any other use of the products may constitute a copyright infringement. SoulSpaze reserves the right to modify the usage rules for future purchases on the website at any time. However, such changes will not apply to products that you have already purchased. In the event you refuse to accept the new usage rules, you will no longer be able to acquire products from the website.
AUTHENTICATION, SHIPPING AND HANDLING
As part of the purchase transaction, the seller will ship the item to SoulSpaze and SoulSpaze will visually inspect the item and use commercially reasonable efforts to confirm it is authentic. If SoulSpaze determines the item is authentic, SoulSpaze will ship the item to the buyer. If SoulSpaze cannot reasonably confirm the authenticity of the item or determines it is not authentic, then we will notify the buyer and the seller that the item is not authentic and will issue a refund to the buyer. Additionally, SoulSpaze has the right to reject any item for any reason, including but not limited to, authenticity or damage of the item. SoulSpaze policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, because SoulSpaze cannot control the amount of time it takes for the item to reach SoulSpaze, we cannot guarantee a specific delivery timeframe for any items and therefore, buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase. Once we receive the item from the seller it generally takes 1-2 business days for us to authenticate the item and ship it to a buyer. If a buyer does not receive an item, the buyer shall promptly report the issue to SoulSpaze within 2 days of the latest estimated delivery date. SoulSpaze has the right, in our sole and absolute discretion to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items.
All artworks listed must resemble the image and description mentioned in the listing. SoulSpaze charges a marketplace fee of 20% on the sale price of the product.
By listing an item for sale, you are making a binding offer to sell that specific item to a buyer who purchases the item for the price you have specified and to ship the item in accordance with our Terms and Conditions as updated from time to time. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. SELLERS MUST SHIP items within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. You are obligated to monitor your inventory and ensure all listings are accurate. Once an order is placed by a customer, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including an additional charge equal to 15% of the transaction amount as a service fee. If a seller fails to deliver items to SoulSpaze in accordance with these Terms, SoulSpaze reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s credit card an additional amount equal to 15% of the transaction amount as a service fee; (ii) remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge seller’s credit card for costs, expenses and fees incurred by SoulSpaze as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by SoulSpaze, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account.
As a seller, you are required to ensure that the item you are listing exactly matches the image on the of the product(s) listed and meets the applicable Condition Standard. If SoulSpaze or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then we will charge your credit card an amount equal to 15% of the transaction amount as a service fee, plus additional amounts or, as determined in SoulSpaze’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by SoulSpaze, rerouting charges imposed by carriers, and refunds to the buyer. SoulSpaze has no obligation to return items that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, SoulSpaze may turn those items over to the proper authorities) at your cost. SoulSpaze will pay you within thirty (30) days after the sale is complete, which occurs when the buyer receives the item. To get paid more quickly, ship your items immediately after your product is sold. SoulSpaze takes a 20% transaction fee . You will also receive fee information via email notification when your product goes live, is updated, or a sale occurs.
SoulSpaze does not provide any guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. SoulSpaze also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays.
Every product listed on SoulSpaze by any seller must be completely as shown in image and listing details, that is, the product must be authentic, and match the description.
CANCELLATION AND RETURN POLICY
Once ordered, request for cancellations or replacement of orders duly placed on the website shall not be entertained. Orders once placed can be cancelled by emaling us only before it is dispatched or within 2 days whichever is earlier. There could be cancellation charges as well on case-to-case basis. SoulSpaze may refund or replace only in case of faulty and damaged software and hardware subject to the packaging and casing being returned in good condition. Faulty or damaged software, cases as well as hardware must be returned within 14 days from the date of dispatch but with a prior intimation of such via email to sales@SoulSpaze.com. In case of hardware every component part (cables, memory sticks, warranty card etc.) must be available, for it to be accepted as a return. In case you receive incorrect product for which you haven’t ordered, it has to be return in its original packing to us. After investigating such cases, correct product will be dispatched. Rights reserved with Mercury Online Solutions Pvt. Ltd. and it may take longer duration to settle.
Majorly, the refund will be processed for the cancelled order only through the same mode of payment i.e. payment to same account which you used during the transaction. For Credit card/Debit card mode of payment, refund processing time as per bank’s standard time frame which is approximately 8-10 business days. For COD/cheque/DD mode of payment, refund processing time is 15-20 working days. Cheque will be made as per Billing Name provided. For non delivered items, refund will be processed only on confirmation that the product was not delivered to you and you choose to take a refund and are not interested in any other product.
The refund amount could reflect some basic charges on a case-to-case basis.
Pre Order is one of the services we are offering to our customers. By pre-ordering it is taken that you intend to pre-pay up front and wait to receive your product as that is what a pre-order implies. Once the Pre-order booking is placed it will not be revoked or cancelled under any circumstance.
Generally pre-ordered product is shipped on or after the day of its release. We try utmost to ship the pre-order products as soon as it is available with us. However the company is not liable for any sort of delay in the delivery or shipment of them as it depends on the availability and its supply by its supplier(s). Pre-order applies only to not-yet-released products. It does not apply to other product lines or to items that have already been released in India. Invoice for pre-ordered products will be generated only when the product is shipped.
Pre-order applies only to items displaying the Pre-order offer message on the product listing or product description page on the website.
To read rest of the policies of the site kindly check Terms and Conditions page.
TRADEMARK AND LICENSE
All images, characters and logos are properties of their respective owners. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
YOUR ACCOUNT DETAILS
If you register on the website, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SoulSpaze does sell products for children as well as to adults who are allowed to purchase with a credit / debit card or other permitted payment method and are above 18 years of age. If you are under 18, you may use the website only with involvement of a parent or guardian. SoulSpaze reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. SoulSpaze reserves the right to change, suspend, or discontinue all or any aspects of the website at any time without prior notice. SoulSpaze does not knowingly collect information from children. If you are a child, do not submit any information to SoulSpaze unless under your parent or guardian’s supervision.
We try hard and make the best of our efforts to deliver your ordered products in excellent condition and in the fastest possible time. All the shipments usually get delivered within 2-3 business days from its shipment date, but may get longer than usual if it is non-metro city.
We also keep you notified for the same either by email or SMS notifications. Hence keep checking your email or SoulSpaze account from time to time.
All the contests are for a limited period as specified. Declaring results and winners of the contest will be as per the terms and conditions on a random basis. Winners will be notified either by email or a call to their registered contact details during the contest. Prize(s) would either be shipped to their address within India or may be asked to collect it from the nearest store. Please note that the prize(s) cannot be replaced or returned. This condition applies to all the contests.