General Terms & Conditions

General terms and conditions for online sales

1. Scope

1.1

These terms and conditions (the “Terms”) shall apply to all purchase orders submitted or to be submitted by you for any hardware, software, or license offered to you on or via www.themonito.com (the “Site”). All hardware, software, or licenses offered to you on or via the Site is offered to you by Taqua Digital Private Limited.

1.2

The hardware, software, or licenses offered on or via the Site is intended for adults, if you are under the age of 18, or the legal age of majority in you place of residence, you warrant that your parent, legal guardian, or other responsible adult has given its prior consent to your purchase via the Site.

1.3

PLEASE NOTE THAT THESE TERMS ONLY AIM TO SET OUT THE TERMS AND CONDITIONS APPLICABLE TO ALL PURCHASE ORDERS SUBMITTED BY YOU VIA THE SITE AS WELL AS OFFLINE AND THAT THE GENERAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF ANY HARDWARE, SOFTWARE, OR LICENSEOFFERED TO YOU BY TAQUA ARE MADE AVAILABLE ON THEMONITO.COM. FURTHERMORE PLEASE NOTE THAT YOUR USE OF THE SITE IS GOVERNED BY OUR PRIVACY POLICY MADE AVAILABLE ONTHEMONITO.COM.

2. Purchase orders and prices

2.1
Any order submitted by you is subject to TAQUA’ acceptance. An agreement between you and TAQUA will be concluded only upon TAQUA’ acceptance.

2.2
All orders are subject to product availability.

2.3
TAQUA reserves the right to reject any orders in part or in full.

2.4
The applicable prices are stated on the Site on the date the order is placed. TAQUA reserves the right to change the prices at any time but such change will not affect orders made prior to the date of the change. All prices are inclusive of VAT (value added tax). You are solely responsible for any local taxes, sales and use taxes and any other taxes and government levies and custom duties, if any, associated with your order.

2.5
Shipping and handling charges (if any) will apply in addition to the sale price indicated on the Site. Shipping and handling charges (if any) will vary depending on your delivery address and purchased hardware, software, or license. The shipping and handling charges applicable to your purchase order will be displayed via your shopping cart on the Site.

3. Methods of payment

3.1
TAQUA accepts different payment methods depending on your city of residence. The Payment options applicable to your purchase order will be displayed via your shopping cart on the Site.

4 Delivery and risk of loss

4.1
Subject to product availability, packages are generally dispatched 7-15 days after TAQUA receives payment. Standard delivery times vary depending on your city.

4.2
Your order will be delivered to the address specified by you as your delivery address, electronically or by automatic activation (applicable if you purchase a license). If your order consists of multiple products TAQUA reserves the right to deliver and/or activate each product separately.

4.3
The risk for loss or damage to the hardware, software, and license will pass to you at the point when delivered to your delivery address or your possession.

5. Return and Refund policy

5.1
You are entitled to return hardware purchased via the Site for any reason at any time during fourteen (10) days following the date of receipt at your delivery address. Your right to return hardware purchased via the Site is conditioned upon that the hardware has not been used..

5.2
If you elect to return hardware purchased via the Site in accordance with Section 5.2 above you must contact TAQUA within seven (10) days following the date of receipt at your delivery address via support@themonito.com to process a return. You are responsible for physically shipping the product to the address provided by TAQUA. The hardware must be returned in its original packaging and in a substantially unchanged condition to the address provided by TAQUA. You are responsible for paying the shipping costs associated with the return of the hardware. If the returned hardware is returned in a substantially unchanged condition TAQUA will refund you the sums paid for the applicable hardware. TAQUA will not refund you if the returned hardware is not returned in a substantially unchanged condition.

5.3
You are entitled to cancel software purchased via the Site in accordance with Section 5.1 and 5.2 above only if you have not installed, downloaded or activated the software.

6.Limited warranty applicable to hardware sold by Taqua

6.1
TAQUA offers a limited warranty that the hardware sold by TAQUA will be free from defects in material and workmanship when used normally and in accordance with TAQUA instructions. To the extent permitted by applicable law, the limited warranty offered by TAQUA is limited for a period of one (1) year from the date when the hardware was purchased.

6.2
This Warranty does not apply to: (i) cosmetic damage including but not limited to scratches and broken plastic (ii) consumable parts, such as batteries or protective coatings, unless failure has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, liquid contact, fire, or other external cause; (iv) damage caused by use with another product; or (v) defects caused by normal wear and tear or otherwise due to the normal aging of the hardware. This limited warranty does not cover software or licenses.

6.3
EXCEPT FOR THIS LIMITED WARRANTY TAQUA PROVIDES PRODUCTS “AS IS” AND TAQUA MAKES NO WARRANTY AS TO THE PRODUCTS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY AND AVAILABILITY.

6.4
If you wish to make a claim under the limited warranty you have to contact TAQUA via support@themonito.com within one year from when your hardware was purchased. The hardware must be returned to TAQUA as soon as possible following your notice to TAQUA to the address provided by TAQUA together with an explanation of the defect.

6.5
You would have to pay for the shipping of hardware to the address provided by TAQUA in case of repair of hardware. TAQUA would pay for shipping back of device to your address.

7. Survival

7.1
Any provisions which by their nature are intended to remain in force upon the expiry or termination of any sale or subscription will remain in effect.

8. Contact information

8.1
All questions, complaints and other communication regarding these Terms shall be made in writing and sent to TAQUA by email to support@taquaa.com

9. Miscellaneous

9.1
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of the Terms. Such prohibited or unenforceable provision will be interpreted as closely as legally possible to the original sense and purpose of such provision. Any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction.

10. Applicable law

10.1
These Terms are governed by the substantive laws of Bangalore, India. Karnataka would be state for jurisdiction.