This website, http://www.vescocycles.com (hereinafter referred to as the “Website”), is owned and operated by Vesco Cycles (hereinafter referred to as the "Company" or "We" or "Us" or "Our"), with its registered office located at 86-B, Industrial Area, A, Extensions, Ludhiana, Punjab, India (141002).

These are standard terms, guidelines, and conditions (or terms of sales) (hereinafter referred to as “Terms and Conditions”) presented in the form of an electronic record as per the Information Technology Act, 2000, and the rules thereunder, along with relevant provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.

For the purpose of these Terms and Conditions, wherever the context so requires, “you” or “your” shall mean any natural or legal person who visits and uses the services of the Website.

These Terms and Conditions apply to users of the Company Website http://www.vescocycles.com/ (whether guest users or registered users) (“User”). By utilizing the services and tools provided by the Website, you are considered to have accepted the Terms and Conditions contained herein. If you engage in transactions on the Website, you shall be subject to the policies applicable to the Website for such transactions. Your use of the Website implies contracting with the Company under these Terms and Conditions, constituting your binding obligations.

When utilizing any of the services provided by the Website, you will be bound by the rules, guidelines, policies, terms, and conditions applicable to such services. These are considered to be incorporated into these Terms and Conditions and form an integral part of them.

The Company retains the right, at its sole discretion, to change or modify these Terms and Conditions periodically without any obligation to inform you. It is your responsibility to regularly check the Terms and Conditions for any changes. Your continued use of the Website after the posting of changes signifies your acceptance and agreement to the modifications. If you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, limited right to access and use the Website.

All rights, including copyright, in this Website, are owned by the Company. Any use of this Website or its contents, including copying or storing it in whole or in part without the permission of the Company, is strictly prohibited.

User Registration Eligibility For The Purpose Of the Website

The use of the Website is limited to individuals who can enter into a legally binding contract under the Indian Contract Act, 1872. Individuals classified as “incompetent to contract” according to the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not permitted to use the Website. If you are a minor and wish to use or transact on the Website, such use or transaction must be facilitated by your legal guardian or parents. The Company retains the right to terminate and deny you access to the Website if it becomes aware or discovers that you are under the age of 18 years or are deemed incompetent to contract under applicable laws.

It is important to note that the eligibility criteria outlined above pertain solely to User registration on the Website. These Terms and Conditions do not apply to the registration of cycles/bikes.

User Account and User Registration Responsibilities

Upon becoming a member of the Website, you are responsible for maintaining the confidentiality of your User ID and Password. You agree to bear responsibility for all activities that occur under your User ID and Password. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if the Company has reasonable grounds to suspect such inaccuracies, the Company reserves the right to indefinitely suspend, terminate, or block access to your membership on the Website. Additionally, the Company may refuse to provide you with access to the Website. As the sole owner of the Password, you are responsible for the consequences arising from the disclosure of the Password and any subsequent unauthorized use of the material or content on the Website.

Communications

While using the Website or sending emails or other data, information, or communication to the Company, you acknowledge and agree that you are communicating with the Company through electronic modes and other telecommunication methods. By doing so, you consent to receiving communications periodically and as needed from the Company via any and all electronic and telecommunication modes. The Company may choose to communicate with you through email, WhatsApp, SMS, phone, or any other telecommunication or electronic mode of communication.

Fees and Charges

Membership on the Website is provided free of charge, and the Company does not impose any fees for browsing or blogging on the Website. However, the Company retains the right to introduce fees and modify its policies at its sole discretion. The Company may, without prior notice, introduce new services and alter or introduce fees for existing services on the Website. In such cases, the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services. Changes to the fee and related policies will automatically become effective immediately upon implementation on the Website. You are solely responsible for compliance with all applicable laws, including those in India, for making payments to the Company.

User Content

The Company offers various forums on the Website to enable its members to express themselves through blogs, comments, reviews, and photographs.

You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, downloading, updating, or sharing any information on or from the Website that:

  • belongs to another person and you don't have any right to it; or
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, unlawful, or objectionable based on religion, race, ethnicity, or otherwise; or
  • encourages money laundering, gambling, or any other unlawful activities; or
  • is patently offensive, including sexually explicit content, religiously offensive content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm against any group or individual; or
  • harasses or advocates harassment of another person; or involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or spamming; or
  • infringes upon or violates any third party's rights, including unauthorized disclosure of personal information or rights of publicity; or
  • infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets; or
  • promotes an infringement of, or illegal or unauthorized copy of another person's copyrighted work; or
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; or
  • contains videos, photographs, or images of another person without their express written consent or the consent of their guardian in the case of a minor; or
  • refers to any website or URL that, in the sole discretion of the Company, contains material inappropriate for the Website or any other website, or content that violates the letter or spirit of these Terms and Conditions; or
  • attempts to gain unauthorized access or exceeds the scope of authorized access to the Websites, profiles, blogs, communities, account information, bulletins, friend requests, or other areas, or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
  • intends to advertise or engage in commercial activities and/or sales without the prior written consent of the Company. Throughout these Terms and Conditions, "the Company’s prior written consent" means communication from the Company’s legal personnel, specifically addressing the activity or conduct for which authorization is sought; or
  • interferes with another User’s use and access to the Website; or
  • harms minors in any way; or
  • violates any current laws; or
  • deceives or misleads the reader/Users about the origin of such messages or communicates any information that is grossly offensive or menacing; or impersonates another person; or
  • contains software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains viruses, malware, or other computer programming routines that may damage, interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal identifiable information; or
  • threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense or prevents the investigation of any offense, or is insulting to any other nation; or
  • shall not be false, inaccurate, or misleading; or
  • shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

The Company is not obligated to examine or verify any messages, ratings, reviews, information, or content ("Postings") posted on the Website by you, and the Company assumes no responsibility or liability related to any such Postings on the Website. However, the Company may, from time to time, monitor the Postings on the Website and reserves the right to decline or remove any Postings that contain information inconsistent with these Terms and Conditions.

By providing any Posting on the Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights you have in your Posting, whether now known or not currently known, with respect to your Posting. The Company will use your Posting in accordance with these Terms and Conditions and the Website’s Privacy Policy.

Notwithstanding anything contained in these Terms and Conditions, the Company may use the content of the Posting or any of its elements for any type of use indefinitely, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised. This includes displaying the Postings on the Website or elsewhere in any medium and the creation of derivative works that may include Postings you provide. You agree that any Posting you post may be used by the Company, and you are not entitled to any payment or other compensation for such use by the Company.

You acknowledge and agree that the Company has the right at all times to disclose any information, including the identity of the User providing information or materials on the Website, as necessary to satisfy any law, regulation, or valid governmental request, or in response to any court order or summons. Additionally, the Company may, at its sole discretion, disclose any information about you to law enforcement or other government officials, as deemed necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

While the Company retains the right to monitor Postings on the Website, you remain solely responsible for the content of the postings you submit. It's important to note that Postings do not necessarily reflect the views of the Company. In no event shall the Company assume or have any responsibility or liability for any Posting posted or for any claims, damages, or losses resulting from the use of Postings and/or appearance of Content on the Website. You represent and warrant that you have all necessary rights to the Posting you provide and that such Posting shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You should be aware that other Users, including unauthorized Users or "hackers," may post or transmit offensive or obscene materials on the Website, and you may be involuntarily exposed to such content. It is essential to carefully select the type of information you publicly disclose or share with others on the Website. Although the Company does not approve of unauthorized uses, by disclosing such public information, you acknowledge and agree that the Company is not responsible for the use of any personal information you publicly disclose or share with others on the Website.

Use of Website

You agree, confirm, and undertake that your use of the Website shall be strictly governed by the following binding principles:

  • No Unauthorized Access: You shall not use any automated or manual means to access, acquire, copy, or monitor any part or content of the Website. This includes employing deep-linking, page-scraping, robots, spiders, or similar methodologies to obtain materials, documents, or information not intentionally provided on the Website. Any attempt to decompile, reverse engineer, or disassemble materials or content on the Website is prohibited, and the Company reserves the right to bar such activities.
  • Unauthorized Access Attempts: You shall not attempt to gain unauthorized access to any section of the Website or its connected networks through hacking, password mining, or any illegitimate means.
  • No Interference: You agree not to interfere or attempt to interfere with the proper functioning of the Website, any transactions on the Website, or the use of the Website by others. This includes refraining from using any device, software, or routine to disrupt the proper working of the Website.
  • Security Measures: You shall not probe, scan, or test the vulnerability of the Website or any connected network. Avoid breaching the security or authentication measures of the Website, and refrain from attempting to trace or seek information about other users for unauthorized purposes.
  • Avoid Overloading Systems: Do not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, the Company’s systems, or connected networks.
  • No Impersonation: You shall not impersonate any other individual or entity, and you may not represent yourself as someone else.
  • Lawful Use: The Website and its content may only be used for lawful purposes and activities that do not infringe on the rights of the Company or others.
  • Dealings with Third Parties: Any dealings or interactions with third-party advertisers on the Website are solely between you and the advertiser. The Company is not responsible for any loss or damage arising from such dealings.
  • Actions Against DoS/DDoS: The Company reserves the right to take necessary action and claim damages resulting from your involvement or participation, whether intentional or unintentional, individually or through groups of people, in DoS/DDoS (Distributed Denial of Services) attacks.

By using the Website, you acknowledge and agree to abide by these principles and adhere to the guidelines set forth in these Terms and Conditions.

Trademark, Copyright, and Restriction on the Use of Website Content

All content on the Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code ("Content"), is owned, controlled, or licensed by the Company. This Content is protected by copyright, patent, trademark laws, and various other intellectual property rights and unfair competition laws.

Unless expressly provided in these Terms and Conditions, no part of the Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner (including "mirroring") to any other computer, server, website, or medium for publication, distribution, or commercial use without the Company’s express prior written consent. The Content on the Website is intended solely for your personal, non-commercial use. Any use of the Content on other websites, networked computer environments, or for purposes other than personal, non-commercial use violates copyrights, trademarks, and other proprietary rights and is strictly prohibited.

Other Dealings

The Website utilizes third-party application program interfaces ("APIs") and may include links to external websites beyond the Company's control. These links are provided for your potential interest, but the Company neither monitors nor endorses these external websites. Third-party APIs enhance the Website's services, and the Company cannot be held accountable for the external websites, the functionality of third-party APIs, or the data collected by them. No warranties are made regarding these external entities.

Hyperlinks/Backlinks

The Company encourages links to its Website. You may create a hypertext link to the website, ensuring the link does not suggest any sponsorship or endorsement by the Company. However, framing or incorporating Website content into another third-party site without the prior written consent of the Company is strictly prohibited.

Disclaimer of Warranties and Liability

This Website, along with all materials, products (including software), and services provided through it, is offered on an "as is" and "as available" basis, with no representations or warranties, express or implied, unless otherwise specified in writing. Without limiting the foregoing:

  • The Website may not be consistently available or available at all.
  • The information on this Website may not be complete, true, accurate, or non-misleading.

The Company does not guarantee that the site, information, content, materials, products (including software), or services provided on or through the Website, their servers, or electronic communications sent from the Website are free of viruses or other harmful components. The Company shall not be liable for any losses, damages, or claims incurred by you or any third party in this regard.

Nothing on the Website should be construed as advice of any kind.

Purchase

All products and information displayed on the Website are considered invitations to offer. Your order for a purchase constitutes your offer and is subject to the Terms and Conditions listed herein. We reserve the right to accept or reject your offer in whole or in part.

The Company may be unable to accept certain orders, and as such, we retain the discretion to refuse or cancel any order at our sole discretion. Reasons for refusal or cancellation may include limitations on the quantity available for purchase, errors in pricing or product information, issues identified by our fraud avoidance department, or any other reason the Company deems valid for not accepting the order. Additional information may be requested for order acceptance in specific cases, and we will notify you of any order cancellations or if additional information is required. Refunds for online payments will be made through the same online payment mode, and the process will be initiated within 15-20 days in the event of refusal or order cancellation by the Company.

The Company strictly adheres to a no-exchange, no-return, and no-refund policy once your order is accepted. If multiple payment attempts for the same order are made simultaneously and more than one payment is successful, the refund for the additional transaction amount will be initiated within 7-10 days upon intimation, except in cases of order refusal or cancellation by the Company.

Delivery & Shipping Policy

You acknowledge that the delivery address provided for the ordered product(s) is accurate and complete. In case of non-delivery due to your mistake (such as wrong name, address, or any other incorrect information, or non-availability of the recipient), any additional cost incurred by the Company for re-delivery will be claimed from you, and you shall bear such expenses. Furthermore, the Company shall not be held responsible for any damages or losses resulting from mishandling by any third-party delivery services provider during transit.

If the Company is unable to deliver the ordered products for any reason, the Company will refund the amount through the same online payment mode used by you or provide credit in the form of a deposit in your account for the amount received from the sale of the undelivered product. This will be processed within 90 (ninety) business days.

You are required to provide a valid phone number and email ID when placing an order on the Website. By registering your phone number with us, you consent to be contacted by the Company via phone calls and/or SMS notifications for order, shipment, or delivery-related updates. The Company may use your personal information to initiate promotional phone calls or SMS unless expressly denied by the User.

Product Description

While we have made every effort to accurately display the products on the Website in compliance with applicable law, we cannot guarantee that the product description will precisely reflect the product upon delivery. Please note that the packaging of the product may vary from what is displayed on the website.

Assembly and Service

We reserve the right to cancel your request for assembly or service at your doorstep and refund the amount paid (if any).

Declarations

Legal Details: You declare that you have provided all necessary legal details for the shipment of the product to the destination specified by you in the Order.

Personal Use: You further declare that the product will be acquired for the personal use of the buyer. The product will not be sold, resold, bartered, or disposed of in any way for profit.

Payment

The Company will not be responsible or assume any liability, whatsoever, for any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction/s; or
  • Exceeding the pre-set limit mutually agreed between you and your bank/s; or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s.

All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees, acceptable by the Union of India. The Company does not accept any other form of currency concerning the purchases made on the Website.

Risk of Loss

All items purchased from the Company through the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Pricing / Typographical Error

If the Company comes across any typographical errors concerning pricing or product information, the Company shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 90 (ninety) business days of such corrective action taken.

Cancellation of Order

The Company reserves the right to cancel any order without any explanation for doing so, under situations where the Company is not able to meet the requirement of the order placed or the order so placed/cancelled does not comply with the policy of the Company or has an invalid address/incorrect information or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within an appropriate time to the concerned person, and any applicable refund for such cancellation will be made within 90 (ninety) business days as set out in the paragraph relating to Purchases in these Terms and Conditions.

Breach

Without limiting other remedies, the Company may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

  • If you breach the Terms and Conditions or Privacy Policy or other rules and policies, if any;
  • If the Company is unable to verify or authenticate any information you provide; or
  • If it is believed that your actions may cause legal liability for you, other Users, or for the Company.

The Company may, at any time at its sole discretion, reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company.

Notwithstanding the foregoing, if you breach the Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by you or to take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless the Company, its licensee, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees, from any claim or demand, or actions, including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, other Policies, or your violation of any law, rules, or regulations or the rights of a third-party.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ludhiana.

Jurisdictional Issues / Sale in India Only

Unless otherwise specified, the products advertised on the Website are presented solely for the purpose of sale in India. The Company makes no representation that products on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this site from other locations/countries other than India do so on their own initiative, and the Company is not responsible for the supply of goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable. In case of any dispute, Ludhiana courts will have exclusive jurisdiction.

Intellectual / Copyright Complaint

We at the Company respect the intellectual property of others. In case you feel that your work has been copied/used on the Website in a way that constitutes copyright infringement, you can write to us at info@vescocycles.com.

Limitation of Liability

The Company will not be liable to you (whether under the law of contract, the law of torts, law of equity, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website.

Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, User services, or the software. While the Company shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.

Force Majeure

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control, including but not limited to an act of God, War, Civil disturbance, Lockdowns, Governmental or Parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/delay in transport.

Variation

The Company may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Company may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Our Contact

For any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website, please write to us at info@vescocycles.com