Terms & Conditions
1) Definitions
· “Website”: store.elyfevspare.com
· “Seller”, “we”, “us”, “our”: ELYF EVSPARE PVT LTD
· “Buyer”, “you”, “your”: Any person or entity purchasing Products from the Website or in-store
· “Products”: Goods listed for sale online or sold at our physical store
· “3PL/Carrier/Courier”: Any third-party logistics/courier engaged to transport goods
2) Scope (Online & In-Store); Acceptance of Terms
These Terms & Conditions (“Terms”) govern all sales made via the Website and sales made directly from our physical store. By accessing the Website, placing an order online or in-store, or making a payment, you agree to be bound by these Terms and our Privacy Policy.
3) Customers: Businesses and Individuals
We sell to both business customers and individual consumers. For consumers, any non-excludable statutory rights under applicable law remain unaffected. To the extent permitted by law, these Terms allocate responsibilities and risks as set out herein.
4) Product Information & Availability
We strive for accuracy; however, specifications, images, and availability may change without notice. Customary minor variations do not constitute non-conformity.
5) Pricing, Taxes & Incoterms
· All prices are Ex-Works (EXW) Seller’s warehouse, Incoterms® 2020.
· Prices are exclusive of GST, duties, levies, freight, insurance, handling, and any third-party charges, unless stated otherwise at checkout or expressly agreed in writing.
· We may correct typographical/clerical errors (including mispricing) and cancel/refund the affected orders.
6) Orders, Acceptance & Cancellations
· Your order is an offer; acceptance occurs when we issue a written order confirmation or dispatch the Products.
· We may decline or cancel orders (e.g., stockouts, pricing errors, KYC/regulatory constraints, suspected fraud).
· Buyer-initiated cancellations before dispatch may attract a restocking/processing fee. Custom/indented/special-order items are non-cancellable.
7) Payment Terms
· **All orders are 100% advance before dispatch.** Orders will **not** be dispatched until **full, cleared payment** is received.
· **Payment is deemed received only when the funds are credited to our bank account.** Sharing a UTR, payment advice, screenshot, or payment gateway status alone is **not** proof of payment.
· If a payment is **delayed/held/failed/reversed** by any bank, payment gateway, or network (including NEFT/RTGS/IMPS/UPI/net banking/cheque/any mode), such non-credit or delay is **not our responsibility**. The Buyer must coordinate with its bank/payment provider.
· Accepted modes include bank transfer (NEFT/RTGS/IMPS), UPI, net banking, payment gateway, and **cash** only to the extent and within the limits permitted under applicable **Indian income-tax laws**. PAN/KYC details must be provided where required.
· **TDS/TCS:** Where applicable under Indian tax laws: (a) the **Seller may collect TCS** over and above the sale value and deposit the same; (b) if the **Buyer deducts TDS**, the Buyer shall remit the net amount and provide a valid TDS certificate within statutory timelines. The Buyer must inform us in writing about the applicability of TDS/TCS **before** making payment; failing which, we may apply/collect taxes as per our understanding of law. Prices shown are exclusive of any such TDS/TCS unless stated otherwise.
· All bank/payment charges are to the Buyer’s account; payments must be made **net of charges**.
8) Delivery, Shipping & Risk of Loss (Booking-Only Service)
· EXW—Buyer pickup or Buyer’s carrier: We make goods available at our warehouse; risk of loss/damage transfers to the Buyer when goods are made available for pickup or handed to the Buyer’s carrier—whichever is earlier.
· If we “book a shipment” for you: We act solely as your booking agent with the 3PL/courier on your behalf. Any couriers/options communicated are informational only and are not endorsements or recommendations. Estimated delivery timelines are indicative and non-binding.
· Risk unchanged: Risk passes to Buyer upon handover to the 3PL/courier, even if we arranged the booking.
· No in-transit insurance is provided by the Seller. Buyer should arrange insurance at its own cost if desired.
· Claims for delay, loss, damage, pilferage, or misdelivery must be pursued directly by the Buyer with the 3PL/courier/insurer. We will provide reasonable documentation support (invoice, packing list) upon request, without liability.
9) Title & Ownership
Title to Products passes to the Buyer upon realization of full, cleared payment in the Seller’s bank account. Until title passes, Buyer holds Products as bailee and stores them separately, marked as the Seller’s property.
10) Address, GST & Compliance Responsibilities (Buyer)
· Buyer is solely responsible for providing accurate and complete billing/shipping addresses, GSTIN, consignee details, state/place of supply, and any other information required for GST compliance before dispatch.
· If details are wrong/incomplete or if required compliances are not met (e.g., e-invoice/e-way bill/HSN/address errors), any detention, seizure, or hold by GST authorities and all related consequences (penalties, storage, demurrage, re-delivery/return freight, legal costs) are the Buyer’s sole responsibility.
· Post-dispatch address/GST changes are not guaranteed; where possible, they may incur extra cost and risk borne by Buyer.
11) Inspection on Receipt & Short-Quantity Claims (Dispatch Shortages Only)
· Inspect packages on delivery; note any carton damage/tampering on the delivery proof.
· Compulsory continuous unboxing video for “short quantity received” issues: Start before opening, show intact seals, shipping label, full unboxing, packing list, and each item removed (and, where relevant, actual weight on a scale).
· Timeline: WhatsApp within 12 hours of delivery with the order number, video link/file, clear photos, and packing list.
· Assessment: If our pick/pack records corroborate a dispatch shortage, our sole obligation (at our option) is to supply the missing quantity or refund the corresponding invoiced amount.
· Note: Shortage due to pilferage in transit is a transit loss to be claimed against the 3PL/courier/insurer, not the Seller.
12) Damage or Loss in Transit
Seller bears no responsibility for in-transit loss/damage/delay/misdelivery. All such issues are the Buyer’s sole responsibility to pursue with the 3PL/courier/insurer. We can share documents on request, without liability.
13) Returns & Replacements
Except for validated dispatch short-quantity/wrong-item cases under Clause 11, returns are not accepted. Any exceptional return authorized in writing must be unused, in original packaging, and returned Ex-Works at Buyer’s cost within [7] days; a restocking fee may apply.
14) Warranties & Disclaimers
· No product warranty and no testing warranty is provided.
· Products are supplied “as-is” and “as available”. We disclaim all warranties—express, implied, or statutory—to the maximum extent permitted by law.
· Application, integration, testing, certification, and regulatory compliance for your end use are solely your responsibility.
15) Technical Advice & Specifications
Any advice, data sheets, or application notes are informational only and do not create warranties or design guarantees. The Buyer must conduct its own validation and safety testing.
16) Use, Compliance & Resale
Buyer is responsible for lawful handling, storage, installation, transport, resale, and regulatory obligations (including, where applicable, EPR/battery rules, safety, import/export controls). Do not use or resell Products for unlawful purposes or in violation of sanctions/export laws.
17) Limitation of Liability
To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, punitive, or consequential losses (including loss of profit, revenue, data, or business); and (b) our aggregate liability for any claim related to an order shall not exceed the amount actually paid by the Buyer for the specific Products giving rise to the claim (excluding freight/insurance/third-party charges), regardless of the legal theory and even if we were advised of the possibility of such damages.
18) Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, strikes, epidemics, governmental actions, transport disruptions, power/network failures, supplier issues).
19) Intellectual Property
All Website content (text, images, logos, trademarks, software) is owned by or licensed to the Seller and protected by law. No rights are granted except normal Website use to browse and place orders.
20) Website/Account Use & Security
You are responsible for maintaining your account credentials, ensuring accurate information, and restricting access to your devices. Activities under your account are deemed authorized by you.
21) Privacy & Data Protection
Personal data is handled per our Privacy Policy on the Website. By using the Website or purchasing in-store where we collect your data (e.g., for invoicing), you consent to such processing.
22) Third-Party Services
Couriers, payment gateways, and embedded tools are third-party services governed by their own terms. We are not responsible for their actions, outages, or charges.
23) Indemnity
You shall indemnify and hold the Seller harmless from claims, penalties, losses, and expenses arising from (a) your breach of these Terms, (b) misuse of Products, or (c) violation of law or third-party rights.
24) Governing Law, Jurisdiction & Dispute Resolution
· Governing Law: Laws of India.
· Arbitration: Disputes shall be finally resolved by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. Seat & venue: Noida, Uttar Pradesh. Language: English.
· Courts: Subject to arbitration, courts at Gautam Buddh Nagar (U.P.) shall have exclusive jurisdiction.
25) Notices & Contact
ELYF EVSPARE PVT LTD
CIN: U35900UP2022PTC169996 • GSTIN: 09AAHCE2207M1ZJ
Registered/Correspondence Address: E-12, Third Floor, Sector 63, Noida, Uttar Pradesh, 201301
• WhatsApp Support: +91 92663 50062
26) Amendments
We may update these Terms at any time by posting a revised version on the Website or making them available at our store. Continued use/purchase after changes constitutes acceptance.
27) Severability & No Waiver
If any provision is held invalid, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver.
28) Entire Agreement
These Terms, together with the order confirmation/invoice and our Privacy Policy, constitute the entire agreement for your purchase.
ELYF EVSPARE PVT LTD
CIN: U35900UP2022PTC169996 • GSTIN: 09AAHCE2207M1ZJ
Address: E-12, Third Floor, Sector 63, Noida, Uttar Pradesh, 201301
• WhatsApp: +91 92663 50062