Terms of Purchase
This website www.hihonor.com/in (“Site”) is maintained, managed, and updated by Huawei Telecommunications (India) Co., Pvt., Ltd. (“Huawei”). These Terms of Purchase shall govern the sale of products on this Site to you, by Vision Distribution Pvt. Ltd. (“Vision”) which acts as the sole distributor (seller) of products listed on the Site. By ordering the products listed on this Site, you agree to be legally bound by these Terms of Purchase.
In these Terms of Purchase:
- 1."Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
- 2."Acknowledgement" means Vision’s acknowledgement of your Order by email;
- 3."Confirmation of Order" means Vision’s email to you, in which Vision accepts your Order in accordance with clause 3.5 below;
- 4."Contract" means contract for purchase of a Product or Products in accordance with these Terms of Purchase which is formed when Vision accepts your Order in accordance with clause 3.5 below;
- 5."Customer" means individual who places an Order on the Site;
- 6.Order" means the order submitted by you to the Site to purchase a Product from Vision;
- 7.“Product(s)” means one or more of the products listed for sale on the Site;
- 8."you" means the Customer who places an Order;
- 9.Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms of Purchase;
- 10.Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- 11.References to "includes" or "including" or like words or expressions shall mean without limitation.
- 1.You have to be 18 years of age and above to place an Order.
- 2.These Terms of Purchase shall apply to all Orders and Contracts made or to be made by Vision for the sale and supply of Products. When you submit an Order to Vision, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms of Purchase.
- 3.These Terms of Purchase shall prevail over any separate term(s) put forward by you. Any condition(s) that you submit propose or stipulate in whatever form and at whatever time, whether in writing or by email or orally or through conduct are expressly waived and excluded.
- 4.No other term(s) or change(s) to the Terms of Purchase shall be binding unless agreed in writing and signed by both Vision and Huawei.
3.How a Contract Is Formed
- 2.When you submit an Order to the Site, you agree that you do so in accordance with these Terms of Purchase as displayed on the Site on the date you submit your Order. Once an Order is placed or submitted, you are deemed to have understood and accepted all the terms of purchase and Vision takes no responsibility or liability for your default or failure to read, understand or review the latest Terms of Purchase each time you submit your Order.
- 3.Your Order remains valid as an offer until Vision issues Confirmation of Order or until Vision receives your written notice, revoking/ cancelling your Order, whichever is earlier.
- 4.Vision shall not be obliged to supply the Product to you until Vision has accepted your Order through issuance of a Confirmation of Order. An email, letter, fax or other Acknowledgement of your Order by Vision is purely for information purposes and does not constitute the Confirmation of Order, unless it expressly states acceptance of your Order. In that Acknowledgement, Vision may give you an Order reference number and details of the Product you have ordered. Vision may in its discretion refuse to accept an Order from you for any reason, including unavailability of supplies or Vision may offer you an alternative Product (in which case you may be required to re-submit your Order first).
- 5.A Contract shall be formed and Vision shall be legally bound to supply the Product to you when Vision accepts your Order by issuance a written Confirmation of Order. Acceptance shall take place only when the Product is dispatched to you and Vision expressly accepts your Order by email to you, in the form of a document called a "Confirmation of Order" stating that Vision is accepting your Order.
- 6.If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact email@example.com immediately prior to issuance of Confirmation of Order. However, Vision cannot guarantee that it will be able to amend your Order in accordance with your instructions/requirements.
- 7.Vision shall endeavor to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Vision as part of its acceptance procedure. If the price for the Order changes before Vision accepts your Order, Vision will contact you and ask you to confirm whether you wish to proceed at the amended price.
- 8.A Contract will relate only to the Product(s) whose dispatch Vision has confirmed in the Confirmation of Order. Vision will not be obliged to supply any other Product(s) which may have been part of your Order, but not confirmed by Vision in the Confirmation of Order.
- 9.Vision may send an invoice to you at any time after issuance of Confirmation of Order.
- 10.You and Vision acknowledge that Huawei will not be liable for any damages, interests or claims etc., resulting from delay or failure or default in processing a transaction/transaction price or any issue relating to any aspect of the Product(s) transacted.
- 11.You acknowledge that your Contract is with Vision and you confirm that the Product(s) ordered and purchased by you are not for re-sale.
- 12.You must only submit to Vision information which is clear, accurate and not misleading and you must keep it up-to-date and inform Vision of any change(s) prior to issuance of Confirmation of Order.
- 1.Once you select a Product that you wish to Order, irrespective of any previous price you have seen or heard, you will be shown on the Site the charges you must pay including taxes, if applicable, and any applicable delivery charges. Subject to clause 5.7 below, this is the total amount payable by you for receipt of the ordered Product.
- 2.Unless otherwise stipulated on the Site, all charges are in the currency then in force in India.
- 3.The option of placing or submitting Order through the Site against cash-on-delivery shall also be available to you and Vision will deliver the Product(s) to you only after full payment of the Order value at the time of delivery, failing which the subject Confirmation of Order shall be deemed to be cancelled/revoked without any consequence or liability (legal or otherwise) for Vision or Huawei. For Cash-on-Delivery Order, Vision’s delivery obligation is subject to confirmation of identity and delivery address of the Customer.
- 4.You undertake that all details you provide to Vision for the purpose of purchasing the Product from Vision will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. Vision reserves the right to obtain validation of your payment details before providing you with the Product.
- 5.Huawei reserves the right to impose limits on the number of Orders or Order price from on an individual valid credit/ debit/ cash card / bank account or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process Orders exceeding such limit.
- 7.If Customer(s) conduct high transaction volumes (in terms of both the number of Products ordered within a single Order as well as the placing of several Orders for the same Product(s)) or Huawei/ Vision deem it to be a suspicious transaction, the Order price may be remitted to law enforcement officials at the request of law enforcement officials or in the event the Customer is engaged in any form of illegal activity.
- 1.Vision aims to deliver the Product to you at the place of delivery requested by you in your Order.
- 2.Vision aims to deliver within the time indicated by Vision at the time of your Order (and updated in the Confirmation of Order) but Vision cannot promise an exact date when you submit your Order or at the Confirmation of Order. Vision always aims to deliver within the stipulated time frame of any Order, which Vision accepts. The timelines indicated are tentative in nature and Vision cannot guarantee any firm delivery dates.
- 3.Vision shall aim to let you know if it is unable to meet the estimated delivery date, but, to the extent permitted by law, Vision shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- 4.On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with Vision about it. Signing on the delivery document and/or taking delivery of the Product(s) shall be deemed to be your unconditional acceptance of the Product(s) and Vision’s obligation qua the Product(s) under the Contract shall stand discharged.
- 5.Please note that it might not be possible for Vision to deliver to some locations. If this is the case, Vision will inform you using the contact details that you provide to Vision when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- 6.All risks in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Vision will not be liable for loss or destruction of the Product.
- 7.If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of the first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then Vision may (without affecting any other right or remedy available to it) do either or both of the following: (a) charge you for reasonable storage fee and other costs reasonably incurred by Vision; and/ or (b) no longer make the Product available for delivery or collection and notify you that Vision is immediately cancelling the applicable Contract, in which case Vision will refund to you any money already paid to Vision under the applicable Contract, less reasonable administration charges (including for attempting to deliver and then returning the Product).
6.Cancellation and Refund
- 1.Until the time Vision accepts your Order through issuance of Confirmation of Order, Vision reserves the right to refuse to process your Order and you reserve the right to cancel your Order. If Vision or you have cancelled your Order before acceptance by Vision, then Vision will promptly refund payment already made by you for the order of the Product.
- 2.Vision may cancel a Contract if the Product is not available for any reason, in which case, Vision will notify you and return any payment that you have made.
- 3.Vision will usually refund any money received from you using the same method originally used by you to pay for the Product. Except for Orders paid for in cash or through cheque, refund, if any, shall be made to the same issuing bank from where Order Price was received. For Orders paid through cash or cheque, refunds, if any, will be made via demand draft in favour of the Customer.
- 1.The Product is intended to be used strictly in accordance with the manufacturer's latest published/printed instructions.
- 2.Before delivery, Vision may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable, by providing prior notification to you.
- 3.Vision shall endeavor to deliver Products in excellent condition. However, if you inform Vision that the Product is faulty, you shall be responsible to keep the Product in its current condition and make the same available to Vision to inspect within a reasonable time.
- 4.In order to provide you with any remedies for a faulty Product, Vision may need your assistance and prompt provision of certain information regarding the Product, including: (a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and, (b) you providing Vision with the delivery note number and such other information as Vision may reasonably require. Any such notice for a faulty Product must be sent to Vision within 48 hours from the time of receipt of the Products by you.
- 5.If you would like Vision to repair, replace or return and provide a refund for the Product but it is found that the Product has: (a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or (b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or (c) been dealt with or used contrary to the manufacturer's instructions for the Product; or (d) deteriorated through normal wear and tear, after delivery, Vision may at its discretion decide not to repair, replace or refund you for the Product and/or may require you to pay all reasonable carriage costs and servicing costs at Vision’s current standard fees and costs and, to the extent permitted by law, Vision shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
- 1.Vision offers ten (10) days replacement guarantee for all Products sold on the Site. In case the Product is found defective upon opening, guidelines specified by the brand (manufacturer) will apply. Should you come across any issue with such Products, you are advised to contact Customer Service Team within 48 hours, failing which Vision may decide not take a request for replacement.
- 2.Subject to you not having dealt with the Product(s) in the manner contemplated in Clause 7.5 above, Vision will try to replace the specific Product ordered. The defective Product(s) should be returned to Vision in original condition including all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the Product(s) delivered.
- 3.However, Vision reserves the right to offer an alternative Product(s) in case the Product is no longer in stock or out of production. In case you do not accept the alternative Product(s), Vision will refund the money received from you for the said Product in the manner contemplated in Clause 6.3 above
- 4.Huawei and Vision reserve the right to initiate civil and/or criminal proceedings against a Customer who, files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Huawei may at its sole discretion suspend, block, restrict, cancel the Account of such Customer.
Vision will accept return of the Products, provided such return is for Products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the following conditions:
- 1.Vision is informed about the discrepancies within 48 hours from the time of receipt of the Product. In case of physical damage of a Product, Vision would require a photo to be emailed to firstname.lastname@example.org mentioning your order number at the latest within 48 hours of you receiving the Products.
- 2.The Product(s) have not been dealt in the manner contemplated in Clause 7.5 above
- 3.The Product(s) is/ are returned to Vision in original condition including all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the Product(s) delivered.
- 4.In the event, Vision accepts return of a Product, it will refund the money received from you for the said Product in the manner contemplated in Clause 6.3 above.
10.Limitation of Liability
Neither Vision nor Huawei shall be liable to you for any loss of profit or revenues, loss of opportunity cost, loss of goodwill or reputation, loss of data or information, loss of interest, downtime loss, cost of interrupted operation of the network, anticipated saving, special damages be it foreseeable or otherwise, and/or any indirect or consequential losses whatsoever.
To the extent permitted by law, Vision’s total liability to you, whether in contract, tort (including but not limited to negligence), product liability or otherwise, arising in connection with the purchase of the Product(s) through this Site, shall not exceed ten percent (10%) of the price of Order(s) received from you by Vision, in respect of such Product(s).
You acknowledge and agree that all intellectual property rights in the Product (including all background and foreground source codes, copyrights, patents, trademarks) shall remain with Huawei. You also acknowledge that the validity and ownership in Huawei’s intellectual property rights in the Product, documentation and materials shall remain the exclusive property of Huawei. You undertake not to procure, cause the registration or attempt to register Huawei’s intellectual property rights in your own name and also not to claim any rights or interests whatsoever under Huawei’s intellectual property rights within or outside India.
Vision shall not be liable for any delay or failure to perform any of its obligations pursuant to these Terms of Purchase and/ or any Contract, wholly or partially, directly or indirectly, if such delay or failure is due to a Force Majeure Event. For the purpose of this Terms of Purchase, Force Majeure Event refers to an impediment beyond Vision’s control which was not foreseeable at the time of the conclusion of any Contract pursuant to these Terms of Purchase, and Vision could not have reasonably avoided or overcome it or at least its effects. Force Majeure however shall not include Vision’s lack of authorization, license or approval necessary for the performance of this Contract.
- 1.No Waiver: No failure or delay by Vision or you in exercising any right under these Terms of Purchase or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Vision or your rights under these Terms of Purchase or a Contract.
- 2.Severability: If any clause in these Terms of Purchase or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms of Purchase or that Contract shall be capable of continuing in effect without the unenforceable term.
- 3.No third party benefits: No person who is not a party to these Terms of Purchase or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Purchase or that Contract, its assent to any such term.
- 4.Governing Law and Dispute Resolution: These Terms of Purchase and any Contract entered pursuant hereto shall be governed and construed in accordance with the Laws of India. Any claims or dispute arising from these Terms of Purchase shall be submitted to the exclusive jurisdiction of the Courts in Delhi.
- 5.Compliance with laws: You and Vision shall comply with all laws applicable to them respectively for using the payment facility and the Site.
Vision reserves the right to amend these Terms of Purchase at any time. All amendments to these Terms of Purchase will be posted on the Site. Your continued use of the Site will be deemed to constitute acceptance of the new Terms of Purchase.