These terms and conditions (collectively, the “Agreement”) constitute a legal agreement
between you and Spaero By HERCULES AUTO SPARE PARTS (P) LTD , a India-based
company. In order to use the Service (defined below) and the associated products (defined
below) you must agree to the terms and conditions that are set out below. By using or
receiving any services supplied to you by the Company (collectively, the “Service”), or
downloading, installing or using any associated application supplied by the Company
(collectively, the “Application”), you hereby expressly acknowledge and agree to be bound
by the Agreement, and any future amendments and additions to the Agreement as published
from time to time at https://www.spareo.in/tnc/ or through the Service.
The Company reserves the right to modify the Agreement or its policies relating to the
Service or Application at any time, effective from the time of posting of an updated version of
this Agreement at https://www.spareo.in/tnc/ or through the Service. You are responsible for
regularly reviewing this Agreement. Continued use of the Service or Application after any
such changes shall constitute your consent to such changes.
Spareo is a e-commerce platform that allows users to request a car spare parts and
accessories through the website.
• “Content” means text, graphics, images, music, software (excluding the Application),
audio, video, information or other materials.
• “Company Content” means Content that Company makes available through the
website, including any Content licensed from a third party, but excluding User
Content.
• “User” means a person who accesses or uses the Service or Application.
• “User Content” means Content that a User posts, uploads, publishes, submits or
transmits to be made available through the Service or Application.
• “Collective Content” means, collectively, Company Content and User Content.
You hereby represent and warrant that you are eighteen (18) years of age or above and are
fully able and competent to understand and agree to the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these terms, and to abide by and
comply with the Terms stated therein.
You are in compliance with all laws and regulations in the country in which you live when you
access and use the Services. You agree to use the Services only in compliance with these
Terms and applicable laws, and in a manner that does not violate our legal rights or those of
any third-parties.
If you will be using the Services on behalf of an organization, you agree to these Terms on
behalf of that organization and you represent that you have the authority to act on behalf of
your organization.
You must create an account in order to use some of the features offered by the Application.
Use of any personal information you provide to us during the account creation process is
governed by our Privacy Policy available on our app/website. You must keep your password
confidential and you are solely responsible for maintaining the confidentiality and security of
your account details, all changes and updates submitted through your account, and all
activities that occur in connection with your account.
Following sign-up, we will make certain Services available to you free of charge. The
Services will include the ability to search for products, the ability to view detailed information
of products and rating information, and the ability to post feedback and ratings of any
products you have used as a result of your use of the Platform. We reserve the right to add,
change or remove products from our Platform at any time, at our discretion.
The Company offers an email as well as phone call based support system along with an
online knowledge pool of FAQs. In case you require any assistance or support, you may
access support resources or contact our support by emailing at —————- or calling our
helpline at ——————– (Monday to Sunday between 9 am and 6 pm).
The Company shall revert to every complaint at the earliest upon receipt of the complaint
during the business days. Further, the Company shall take the best possible efforts to
redress the complaint within 7 days of receipt of the complaint. Any suggestions by the
Company regarding the use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve
the complaint received in accordance with the standard policies and procedures adopted by
the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall
not be deemed to mean non-redressal of the complaint by the Company. Any suggestions
by the Company regarding the use of the Service shall not be construed as a warranty.
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed,
submitted or offered to the Company on or by the Platform or otherwise disclosed, submitted
or offered in connection with your use of the Platform (collectively, the “Comments”) shall be
and remain Company’s property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to the Company of all worldwide rights, titles and interests
and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Thus, the Company will own exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any Comments. The Company
shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User
any compensation for any Comments; or (3) to respond to any User Comments.
You agree that no Comments submitted by you to the Platform will violate any right of any
third party, including copyright, trademark, privacy or other personal or proprietary rights(s).
You further agree that no Comments submitted by you to the Platform will be or contain
libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material
designed to interrupt, destroy or limit the functionality of our service on the Platform. We may terminate or restrict your use of our Platform and Services if you violate these Terms or
engage in any illegal or fraudulent use of our Platform or Services.
You agree that neither you nor anyone acting on your behalf, will directly or indirectly,
publish, post, or otherwise issue any defamatory comments or remarks, in writing, orally or
electronic format, against the Company, and its respective employees, clients, operations or
services. Any violation of these Terms or intimidation for such will make you liable to
compensate the Company for losses caused due to such acts of yours. In order to recover
the damages and losses and prosecute you for illegal defamation, the Company shall be
entitled to initiate civil and/or criminal proceedings against you as per the appropriate law, by
the Company.
You represent and warrant that any information provided by you in connection with your use
of the Application is and shall remain true, accurate and complete and that you will maintain
and update such information regularly. You agree that if any information you provide to us is
false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the
Application.
You represent and warrant that any information provided by you in connection with your use
of the Application is and shall remain true, accurate and complete and that you will maintain
and update such information regularly. You agree that if any information you provide to us is
false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the
Application.
Subject to applicable laws, the Company may be directed by law enforcement agencies or
the government and related bodies to disclose data in relation to Users in connection with
criminal proceedings. You understand and agree that in such instances, the Company shall
have the right to share such data with relevant agencies or bodies.
The Application is designed, updated and maintained independently by the Company. When
you access the Application, you do so under a license granted from us. All rights, titled and
interest in text, graphics, audio, design and other works on the Application together with all
the intellectual property related thereto including inter alia the domain name, copyrights, the
look and feel of the Application, the trade name and trademarks, patents and designs are the
sole property of the Company or its licensors. All third-party trademarks and brand names
that appear on the Application are the property of their respective owners. Content on the
Application is for personal use only, unless permitted otherwise. Any alteration of the
material or use of the material contained in the Application for any commercial purpose is a
violation of the intellectual property of the Company and/or its affiliates or associates or of its
third-party information providers. We reserve the right to suspend or cancel the service at
any time if a computer virus, bug, or other technical problem corrupts the security or proper
administration of the service.
You acknowledge and agree that through your use of the Application or by availing any
Services through or at the Application, no right (empress or implied) is granted to you in
respect of such Content. The Company reserves the right to change or modify the Content
from time to time at its sole disc
These Terms and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of India and jurisdiction of
Trivandrum, India.
Severability: If any provision of these Terms is found to be illegal or unenforceable by a court
or other competent authority, the remaining provisions of these Terms will remain in effect. If
a part of an unlawful or unenforceable provision could be made lawful or enforceable if that
part were removed, the rest of the provision will remain in effect (unless that would contradict
the clear intention of the clause, in which case the entirety of the relevant provision will be
deemed to be deleted).
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or
any related right, shall not constitute a waiver by the Company of that provision or right.
The Company provides these Terms so that you are aware of the Terms that apply to your
use of the Application and Services. You acknowledge that the Company has given you a
reasonable opportunity to review these Terms and you have agreed to them.
The Terms and Conditions are personal to you and are not assignable or transferable by you
except with Company’s prior written consent. The company may assign, transfer or delegate
any of its rights and obligations hereunder without any consent.
All notices under the Terms and Conditions will be in writing and will be deemed to have
been duly given when received if personally delivered or sent by certified or registered mail,
return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile
or e-mail; or 2 days after it is sent, if sent for next day delivery by recognized overnight
delivery service.
No agency, partnership, joint venture, or employment relationship is created as a result of
the Terms and Conditions and neither party has any authority of any kind to bind the other in
any respect.
The Company may terminate your usage of the Application or any Service at any time for
any reason, including breach of the Terms and Conditions. The Company has the right (but
not the obligation) to refuse to grant access to the Platform. Except for the rights and
licenses granted in these Terms, we reserve all other rights and grant no other rights or
licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, you may not continue to
use the Application under the same account, a different account or re-register under a new
account. On termination of an account due to the reasons mentioned herein, such User shall
no longer have access to data, messages and other material kept on the Application by such
User.
You may terminate these terms at any time, for any reason. The obligations and liabilities
incurrent by the parties prior to the termination date, for all intents and purposes, will survive
the termination of these Terms. These Terms will remain in effect until either you or we
terminate them. If you fail, or we suspect you have failed, to comply with any term or
provision of these Terms, we may terminate this agreement without notice, and you will
remain liable for all amounts due up to and including the date of termination.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint
venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’
employees, contractors, directors, suppliers and representatives from all liabilities, losses,
claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your
use or misuse of, or access to, the Services and Application; or your violation of the Terms
and Conditions; or any applicable law, contract, policy, regulation or other obligation. We
reserve the right to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate with us in
connection therewith.
You agree that we may contact you through telephone, email, SMS, or any other means of
communication for the purpose of obtaining feedback in relation to Platform or our Services;
obtaining feedback in relation to any other Users listed on the Platform; or resolving any
complaints, information, or queries by other Users regarding your critical Content.
You agree to provide your fullest co-operation further to such communication by the
Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that
we can use and share such feedback for any purpose without any compensation to you and
we are under no obligation to keep such feedback confidential.
Return Cancellation And Refund Policy
1. Returns shall be subject to the following terms & conditions:
A)That the request for return is raised within the return window. B)That the
product(s) are returned in its original condition along with its original packaging
box with MRP tag sticker label intact and not tampered with, user manual,
warranty card and all accessories therein and with no signs of use, damage,
scratches, grease or dents;
2. That the product(s) was were not damaged while in your possession;
That the product(s) are not different from what was shipped to you;
3. That if the product(s) has been received damaged, the return request is initiated
within 1 calendar day of product delivery. In this case, the return window shall not
be applicable.
4. Product(s) marked as non-returnable or on the platform(s) product detail page
including but not limited to electronic and complicated electric parts (harnesses,
instrument panels, parts with circuit boards, etc.), car body covers, bug & tar
remover, air fresheners cannot be returned;
5. If you’ve received a defective non-returnable product, you may contact us within
10 calendar days from the delivery of the product.
6. No additional information is required to return an eligible order unless otherwise
noted in the category-specific policy;
7. Customer(s) can initiate the return from the “my order” section on any platform(s);
8. Product(s) that fulfil the conditions of 4.1 are eligible for free returns only;
9. A free return cannot be created for product(s) that were returned and/or damaged
once before;
10. If a request by you is placed and the seller does not have the same product in
stock, a refund would be automatically issued to you;
11. Customer shall check the consignment for any physical damage and, if any
found, mention this on the POD (Proof of Delivery) documents of the logistics
carrier;
12. We recommend taking photos of packages received and shooting an unpacking
video of the product. In case of any problem with the product to our customer
support
Email id.
13. In case of a return, do make a video while repacking the part;
14. While returning the package, the customer should make sure that the products
are repacked properly to ensure it doesn’t get damaged in transit. In case of
damage during reverse transit, spareo shall not be liable for any refunds returns
whatsoever.
15. In case of a manufacturing defect item’s fault claim, the customer(s) may get the
part inspected at a brand authorised service centre & get an inspection report
document for further investigation;
16. The final decision regarding manufacturing defect item’s fault claim be taken by
spareo & the supplier;
17. Depending on the route and logistics services provider delivery time may vary.
We can not guarantee that we will receive your returned item;
18. If you are self-shipping an item that costs more than ₹500, you should consider
using a trackable shipping service or/and purchasing shipping insurance; In this
case, we shall not be held responsible if we do not receive the package from you.
19. Shipping and gateway charges commission are not subject to refund. The cost of
return shipping may be deducted from the amount refundable to you;
20. If your return claim is rejected, we will send back the product(s), on the
customers’ request or scrap it after 30 days of keeping it in stock. The customer
will be responsible for paying all related shipping costs.