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Terms & Conditions

Publication date: 06.07.2024.

References to the words “You” or “Your” (or words similar in content) mean our User, depending on the context of the Terms of Use.

References to “we”, “our” or “us” (or similar words) mean the Falconsair Platform.

These Terms of Use are a public agreement for the provision of Services to the User.

The words he/she and their derivatives in the text of a document can be applied to either a male or female person, depending on the context of the document.

1 DEFINITIONS

  1. 1.1 Account is a functional part of the Site, through which the User gains access to the Platform Services.
  2. 1.2 User is any natural person who orders Goods on the Platform website and whose Personal Data is processed by the Platform during the provision of Services.
  3. 1.3 User consent (hereinafter referred to as “Consent”) is a voluntary, specific, informed and unambiguous expression of will in which the User, by statement or clear affirmative action, agrees to the conditions of these Terms of Use.
  4. 1.4 Personal Data is any information that is in the public domain, allowing you to directly or indirectly identify the User. For example, first name, last name, phone number, IP address.
  5. 1.5 Statistical Data is any information that is publicly available and directly or indirectly relates to the User. For example, information about the name or address of the User's company.
  6. 1.6 Data is the general name for Personal and Statistical Data.
  7. 1.7 "Falconsair" platform (hereinafter the "Platform" or "Falconsair") is a service created for the sale of Goods to the User.
  8. 1.8 Website of the "Falconsair" Platform (hereinafter referred to as the "Site") means a web page or group of web pages on the Internet, which are located at: https://in.betli.shop/, through which the Platform provides Services.
  9. 1.9 Services are an algorithm of actions performed by the Platform to provide the User with the opportunity to purchase Goods.
  10. 1.10 Third Party means a natural or legal person, government agency, institution or body other than the Platform or the User.

2 USER CONSENT

  1. 2.1 These Terms of Use are concluded by the User by providing full and unconditional consent (acceptance) to conclude the Terms of Use in full without signing a written copy of the Terms of Use.
  2. 2.2 If the User does not agree with the terms of the Terms of Use, the Platform has the right not to provide Services to such User.
  3. 2.3 Any of the following actions by the User constitutes Agreement with the terms of these Terms of Use:
    1. 2.3.1 receiving Services; and/or
    2. 2.3.2 registration on the Site; and/or
    3. 2.3.3 buying of goods; and/or
    4. 2.3.4 providing consent to the Terms of Use.
  4. 2.4 The Platform reserves the right to obtain User Consent using a pop-up form. The pop-up form may contain a Consent form in the form of a checkbox.
  5. 2.5 By entering into these Terms of Use, the User automatically confirms that they have read and agrees with the full and unconditional acceptance of their terms and conditions.
  6. 2.6 By agreeing to the terms of the Terms of Use, the User gives his direct Consent to:
    1. 2.6.1 conditions for receiving Services provided for by these Terms of Use and the conditions set forth on the Site;
    2. 2.6.2 terms of payment for Services;
    3. 2.6.3 terms of purchase of the Goods and its delivery;
    4. 2.6.4 compliance with the terms of these Terms of Use.

3 REGISTRATION

  1. 3.1 To receive Services, the User must register on the Site. After registering on the Site, an Account will be created for the User. To re-access the Account, the User must be authorized on the Site. Registration/authorization instructions are indicated in the appropriate section of the Site. To register/authorize on the Site, the User must provide his Data in accordance with the instructions of the Platform. If such Data is not provided to Users, the Account will not be available to such User.
  2. 3.2 The Platform creates an Account for each User after completing the registration process on the Site.
  3. 3.3 The User can deactivate (delete) the Account by writing a corresponding request addressed to the User at the following email address:[email protected]. A request to delete an Account must contain the following information: Full name of the User or name of the User, if it is a legal entity, identification data of the User; reasons for deletion. If the Account is deleted, the Platform deletes the data of such User forever and cannot be restored. The Platform makes a decision to delete the Account within 3 (three) business days from the date of receipt of the request. The Platform may decide to refuse to delete the Account if such a request does not contain the necessary information provided for in this paragraph

4. PROVIDING AND PAYMENT SERVICES

  1. 4.1 The Platform provides the User with the opportunity to purchase the Goods. The price of the Goods is indicated in the appropriate section of the Site. The price of the Goods can be changed by the Platform unilaterally, and that is why the User must specify the final cost of providing the Services.
  2. 4.2 The delivery of the Goods is carried out by a special delivery service, in accordance with the cost of such delivery, specified by such a delivery service. The User pays for the delivery individually, and the Platform does not pay for the delivery of the Goods under any circumstances.
  3. 4.3 The User pays for the Goods by bank transfer to the Platform's current account, in accordance with the value specified in the relevant section of the Site.

5. REFUNDS

  1. 5.1 The User has the right to return/exchange the Goods of proper quality within 14 (fourteen) calendar days from the moment of receipt, if the Goods did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him as intended.
  2. 5.2 The Platform exchanges Goods of appropriate quality only if such Goods have not been used and there are no traces of such use. If the Goods has been used or there are traces of use on it, then the Goods cannot be exchanged on the Platform under any circumstances.
  3. 5.3 The Platform replaces the Goods of inadequate quality, if the damage to the Goods was not caused by the fault of the User: If the Goods are available, - within a reasonable period of time, but no more than 14 (fourteen) calendar days. If there is a need for a quality check - within 14 (fourteen) calendar days or as agreed with the Platform.
  4. 5.4 For a refund, the User must send a request to the Platform to e-mail: [email protected] or use the appropriate section of the Site. The request for the return/exchange of the Goods must contain the following information: full name of the applicant; data about the Goods: name, date of purchase; reasons for return; address for exchange of Goods; payment details for refund.

6. INTELLECTUAL RIGHTS

  1. 6.1 All exclusive intellectual property rights to the program code and design of the Site, as well as to other components of the Site, including individual elements, belong exclusively to Falconsair.
  2. 6.2 The Platform owns all property rights to the Site, including its individual elements.
  3. 6.3 Falconsair grants the User the exclusive right to use the Services and content of the Site.
  4. 6.4 The User grants Falconsair the non-exclusive right to use, copy, process and transfer Personal and Statistical Data during the period of use of the Services.

7. RESPONSIBILITY

  1. 7.1 The Platform is not responsible for any damages incurred by the User as a result of the use of the Goods and/or damage to health/life, if the User did not comply with the conditions of use/operation/storage/maintenance/repair of the Goods during use.
  2. 7.2 The Platform is not responsible for the delivery of the Goods or for damage to the Goods during delivery, as the Goods is delivered by a delivery service that is responsible for delivering the Goods or maintaining its integrity during the delivery of the Goods. The Platform is not responsible if the User provided an incorrect address or did not receive the Goods for any reason.
  3. 7.3 The Platform informs that the image of the Goods on the Site may differ from the appearance of the Goods received by the User, and the User undertakes not to make any claims regarding the discrepancy between the image on the Site and the appearance upon receipt of the Goods.
  4. 7.4 Falconsair reserves the right, but not the obligation:
    1. 7.4.1 monitor violations of the Terms of Use;
    2. 7.4.2 take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms of Use, including, without limitation, reporting such Customer to law enforcement authorities;
    3. 7.4.3 in our sole discretion and without limitation, notice and/or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are otherwise burdensome to our systems;
    4. 7.4.4 administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
  5. 7.5 To the extent permitted by law, we provide the materials and Services on an “as is” basis. This means that we make no warranties of any kind, including, without limitation, any warranties of fitness for a particular purpose of the Services.
  6. 7.6 THE PLATFORM IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY THE ACTIONS OF HACKERS OR CRIMINAL MODIFICATION OF THE SOFTWARE.

8. LEGISLATION AND DISPUTE RESOLUTION

  1. 8.1 All relations between the Platform and the User arising in connection with the fulfillment of the terms of these Services for the use of the Services are governed by the laws of the Republic of India.
  2. 8.2 Any Dispute arising in connection with these Terms of Use, including any questions relating to its existence, validity or termination, shall be submitted to and finally resolved by a court of the Republic of India in accordance with the laws of the Republic of India.

9. TERM OF ACTION

  1. 9.1 The Terms of Use are valid during the period of use of the Services by the User. Upon termination of use of the Services and termination of relations between the parties, the terms of the Terms of Use cease to apply.

10. ALTERATION

  1. 10.1 The Platform has the right to make changes to the Terms of Use in case of changes in the conditions for the provision of Services.
  2. 10.2 The User is obliged to familiarize himself with the new terms of the Terms of Use and the Platform is not responsible if the User has not familiarized himself with the new terms of the Terms of Use.
  3. 10.3 Our electronic copies of the Terms of Use that are otherwise stored are deemed to be true, complete, valid and have the legal force and effect of the versions of these Terms of Use in effect at the time of your visit to the Site. If the User uses the Services after the date of update of the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of provision of the Services.

11. DETAILS

iCoPay GmbH, in Karben, limited liability company

HRB 130820 District Court of Frankfurt am Main (platform support)

Addres: Lessingstraße 4, 61184 Karben

Email: [email protected]