1) COPYRIGHT NOTICE
The copyright of this website is owned by TOHANDS PRIVATE LIMITED.. No part or product(s) here may be reproduced, distributed, published, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in any information retrieval system without the prior written permission of TOHANDS PRIVATE LIMITED. “Mirroring” of any material contained on this website or on any other server is strictly prohibited without the prior express permission in writing from TOHANDS PRIVATE LIMITED.
2) TRADE MARKS
The trademarks, service marks, and logos (the “Trade Marks”) used and displayed on this website are registered and unregistered Trademarks of TOHANDS PRIVATE LIMITED and others. Nothing on this website should be taken as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website, without the prior written permission of TOHANDS PRIVATE LIMITED. or other respective Trademark owners. TOHANDS PRIVATE LIMITED. uncompromisingly enforces its intellectual property rights to the fullest extent of the law. The name of TOHANDS PRIVATE LIMITED. or the Tohands logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission of TOHANDS PRIVATE LIMITED. prohibits use of the Tohands logo as a “hot” link to any site without the prior written permission of TOHANDS PRIVATE LIMITED.
Content, Prices, Specifications, Quality, Terms and Conditions are subject to change without prior notice. Within/after the warranty claim requests raised by the customers; Brand has the rights to
contact the customers regarding any communication about their warranty claims.
4.1 “Tohands” means TOHANDS PRIVATE LIMITED. a company registered under The Companies Act, 1956 having its Registered Office at A-205 Tirupati Ashish CHS, Opp Hotel Amber, Shahad, Kalyan (w), Thane 421103, Maharashtra, India, India and engaged in the business of trading, manufacturing, selling & distribution of consumer electronic products under the brand name Tohands and any other products launched by Tohands from time to time.
4.2 “Customer” means any person, individual, body corporate or other legal entity whether incorporated or not and identified in Proposal / Quotation and / or Invoice of TOHANDS PRIVATE LIMITED. and residing in the territorial limits of the Union of India.
4.3 “Contract” means a contract for sale by Tohands to a Customer of any Product(s) and / or services incorporating these terms and conditions.
4.4 “Order Confirmation” means formal acceptance by Tohands of any order for Product(s) placed by a Customer.
4.5 “Price” means the price as per TOHANDS PRIVATE LIMITED. Proposal / Quotation and / or Order Confirmation where precedence will be given to the latter.
4.6 “Product(s)” mean any part(s) and / or Product(s), Device(s) as described in the Order Confirmation and may include Tohands – Branded Product(s), Other Non- Tohands Third Party Product(s) and Service Offerings.
4.7 “Service Offering(s)” mean the various service options offered by Tohands for Tohands – Branded Product(s)s or any part of them and for varying periods, as described in Tohands’s published literature, including but not limited to Tohands’s Invoice and / or Tohands’s Service Description.
4.8 “Third Party Product(s)” mean Product(s) and / or services of brands other than “Tohands”.
4.9 “Eligible Repairs” mean repair of any product(s) which have not been
tampered and / or handled by any unauthorized personnel.
4.10 “Service Centre” means a Tohands service center and/or any Service Centre authorized by Tohands (authorized service partner) on this behalf and as listed on the website under “List of Service Centers”.
4.11 “Installation” means Installation (or setup) of any Software (including Operating Systems, Drivers, Plug-ins, Telephone for Cellular networks application Software, etc.) is the act of putting the software onto a Telephone for Cellular networks so that it can be executed.
4.12 “Carry-in warranty” means Customer brings the Product(s) to any Tohands Service Centre or any service center duly authorized by Tohands and collects the same after the repair/ service.
Information contained in this website is for general information purposes only. The information is provided by Tohands and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, Product(s), services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Through this website you may be able to link to other websites which are not under the control of Tohands. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
6.1 Warranty on all “Tohands” products is governed by the “Tohands Terms and Conditions” specified on https://smart.tohands.in/ in force at the time of availing any service and/ or support. Such Warranty Terms and Conditions are liable to change from time to time without any notice to Customers. Any product not covered under the above terms, will be deemed to be outside the purview of warranty and accordingly service and support will be on chargeable basis only.
6.2 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Tohands. Any such unauthorized assignment shall be deemed to be null and void vis-a-vis Tohands.
6.3 If any provision or provisions of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
6.4 No Waiver. Any failure or delay on Tohands ‘s part in exercising any power or right under this agreement does not amount as a waiver, or any single act or partial exercise of any power or right does not exclude any other or further exercise, or the exercise of any other rights or powers.
7) CONTRACT FORMATION
7.1 The Contract shall come into existence only on a Customer Order being executed by Tohands. The Customer indemnifies that the buying is for self-use only and not for re-sale purposes.
7.2 The Product(s) sold and / or Services rendered are subject to these Terms and Conditions only and no other terms and conditions stipulated or referred to by Customer shall be entertained (except as contained in any Sales Invoice raised by TOHANDS PRIVATE LIMITED.). The Customer acknowledges that they have read and are aware of the contents of and agree to be bound by these Terms and Conditions. Tohands’s acknowledgment of a purchase order or its failure to object to, varying, conflicting, or additional terms and conditions in a purchase order shall not be deemed an acceptance of such terms and conditions or a waiver of the terms and conditions hereof.
8.1 Any software(s) provided are subject to the terms and conditions of the license agreement relating to that software. Customers acknowledge their obligations to agree to such license agreements. Customers acknowledge that Tohands does not warrant any software under these Terms and Conditions. All software is warranted according to the license agreement that governs its usage.
8.2 All rights, title or interest in respect of the intellectual property rights relating to software will always remain with the respective licensor of the software at all times.
9) PRODUCT(S) S ACCEPTANCE Product(s) shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract unless Tohands is notified in writing to the contrary within Seven working days of purchase of the Product(s) except Tohands official website portal sales where it is 15 days. The date of purchase will be included for calculating the above period.
10) PRODUCT(S) WARRANTY PERIOD AND TYPE
The Warranty period for different Tohands products shall be as specified hereunder. The applicable warranty service type shall be “Carry In” only unless otherwise specified.
|Product Category||Warranty Period|
|Tohands Smart Calculator||12 Months|
*Note: The charging cables supplied with the Tohands products is not under any warranty *The warranty period starts from the date of the original purchase of the SKU(s) by the first end-user. The invoice may consist of different SKU(s) having different warranty periods. Subject to applicable national laws, the Original Warranty Period under no circumstances will be extended and / or renewed and / or otherwise affected due to subsequent re-sale, repair or replacement of the Product(s). However, in case of repaired and / or replaced part(s) the warranty period will be for the remaining period of the original Warranty Period.
When making a Limited Warranty claim you have to present:
· a. The Device(s) (or affected part thereof)
· b. The original proof of purchase, which clearly indicates the name and address of the seller, the date and place of purchase and GST number, and valid serial number in case of serialized products The company reserves the right to refuse to repair / service any product(s) in the absence of any of the following:
a. Original Proof of purchase
b. Valid serial number on other products Any physical damage to the product(s) shall render the warranty on the product(s) null and void. Repairs and / or service on such products shall be purely on chargeable basis and at the sole discretion of Tohands. In the event of any service being availed from Tohands on chargeable basis, the charges for the same have to be paid in cash in advance at the service centre at the time of handing over the product for repair and/ or service.
11) COVERAGE OF LIMITED WARRANTY
This Limited Warranty does not cover user manuals and / or any third-party software’s, settings, contents, data or links, downloaded in the Product(s), whether included or not during activation or at any other time in the delivery chain or otherwise and in any way acquired by the Customer. To the extent permitted by applicable law(s), Tohands does not warrant that any software supplied with the Product(s) and / or subsequently acquired by the customer will meet his / her requirements and will work in combination with any other hardware or software applications provided by a third party, that the operation of the software will be uninterrupted or error free or that any under-performance in the software is correctable or will be corrected. Tohands cannot be held responsible and / or liable for any loss of data and or content before and / or during and / or after any repair and / or replacement and / or after Sales Service.
11.1 This limited warranty (see “Exclusions” and “Limitations” in Section 9 and Section 11) is restricted strictly to the territorial boundaries of India and confers specific rights and remedies with regard to Tohands. Please read this document carefully. By making a claim under this Limited Warranty, it will be deemed you have understood and accepted all its terms and conditions.
11.2 Tohands warrants any Tohands Product(s), including genuine Tohands product(s) and components (offered as “Options” and/or “Accessories) which have been installed in your Tohands Product(s) at the time of purchase, to be free from malfunction in materials and / or workmanship under conditions of normal use and for the duration of the warranty period specified.
11.3 Software related faults resulting from incorrect installation of software (except where the software is installed by Tohands), the failure of the product to perform any purpose other than its intended purpose and viruses or bugs shall not be considered as product faults.
11.4 For any claim under this Warranty, Tohands will, at its discretion, repair and / or replace any malfunctioning product(s) by using new or factory-refurbished product(s). In the event Tohands opt to use factory-refurbished product(s), they will have the performance characteristics equal to those of the new product(s). The replaced product will be without the original packing and accessories. All product(s) replaced under this Limited Warranty will become the property of Tohands.
11.5 Some of the products may have one or more special features along with the regular features. Tohands warrants such products to be free from malfunction in materials and / or workmanship under conditions of normal use. Tohands shall not be liable directly or indirectly for any claim for compensation due to inconvenience, loss of time, loss of profits, loss of business opportunity, loss of data, loss of goodwill, work stoppage, any personal and / or commercial loss, compensation for mental agony, anxiety, etc. (including any personal injury or death) resulting from the non-performance of one or more of such features under special / critical circumstances of any nature whatsoever. The liability of Tohands in all such circumstances will be restricted to the cost of the product only.
11.6 Ingress Protection: All necessary tests have been conducted on the products to meet the device’s Ingress Protection Rating which defines the level of sealing effectiveness of enclosures against intrusion from foreign matters (tools, dirt, etc.) and moisture (As defined in international standard IEC 60529). Tohands shall not be liable directly or indirectly for any claim for compensation due to inconvenience, loss of time, loss of profits, loss of business opportunity, loss of data, loss of goodwill, work stoppage, any personal and / or commercial loss, compensation for mental agony, anxiety, etc. (including any personal injury or death) resulting from the non-performance of one or more of such features under special / critical circumstances of any nature whatsoever. The liability of Tohands in all such circumstances will be restricted to the cost of the product only.
This Limited Warranty does not extend to:
12.1 Any product(s) not manufactured by or for Tohands, or first sold to an end-user in a country outside the Territorial Scope of this Limited Warranty.
12.2 Any product(s) damaged or rendered unusable as a result of use of the product(s) for purposes other than its normal intended use or handling of the product(s) in a manner not in conformity with standard handling norms of similar products or use of product in inappropriate operating environment and / or abnormal use.
12.3 Failure to use the Product(s) in accordance with the User’s Guide that may accompany the Product(s), or any other abuse or neglect with respect to the Product(s);
12.4 Servicing, repairs, modifications or handling etc. by any unauthorized personnel. Use of products(s) not manufactured and / or sold by Tohands or its Service Centers.
12.5 Damage resulting from improper packaging during transportation of the product(s) to any Tohands Service Center/ Tohands authorized service partner.
12.6 Damage resulting from improper use / installation of third-party Product
12.7 Consumable product(s), i.e., product(s) that require periodic replacement during the normal course of the Product(s)’s use, including without limitation, batteries etc.
12.8 Causes external to the Product(s), such as electric power fluctuations or failure.
12.9 Normal wear and tear (including damage to the coating on the surface of the product(s))
12.10 Number identifying the product(s) or warranty seal of the Product(s) being modified and / or removed and / or defaced and /or tempered.
12.11 Defects due to beyond control like lightning, abnormal voltage and any component burn due to that, or failures due to power surge and acts of God will not be covered.
12.12 Accident, misuse, neglect, fire, water, lightning, or other acts of nature.
12.13 Any physical damage to the product(s).
12.14 Tohands reserves the right to refuse service to any customer for reasons furnished in writing.
13) SERVICE AND TECHNICAL SUPPORT
13.1 Repair or replacement will be carried out through the Company’s Service Centers, its Authorized Service Partners or through Door-to-Door Pickup service.
13.2 Tohands will provide general service and technical support to all its Customers in accordance with the prevalent service and technical support policies. Levels of service and support provided may vary from product(s) to product(s).
13.3 Tohands reserves the right to revise from time to time its general and optional service and support programs and the terms and conditions that govern them. Tohands shall not be liable to provide service or support until full payment for the Product(s) and / or service has been made.
13.4 In the event of repairs / replacement of any part(s) of the product, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty. Moreover, the time taken for repair / replacement and in transit whether under the warranty or otherwise shall not be excluded from the warranty period.
14) LIMITATIONS / DISCLAIMER OF WARRANTY / LIABILITY
14.1 Except for the warranties set forth herein, Tohands disclaims all other warranties, expressed or implied or statutory, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.
14.2 The maximum liability of Tohands under any circumstances shall be limited to an amount equal to the invoice amount paid by the purchaser to Tohands or a Tohands authorized reseller for the Product(s).
14.3 If, despite the foregoing limitation and as agreed by the purchaser herein under, for any reason Tohands becomes liable for damages incurred by the purchaser in connection with this agreement, then the maximum liability of Tohands will be limited to an amount equal to the invoice amount paid by the purchaser to Tohands or a Tohands authorized reseller for the Product(s).
14.4 Tohands shall not be liable/responsible directly or indirectly for any claim for compensations, damages, any losses etc. under this “Limited Warranty” due to inconvenience, loss of time, loss of profits, loss of business opportunity, loss of data, loss of goodwill, work stoppage, any personal and / or commercial loss, compensation for mental agony, anxiety etc. resulting from the use of the product(s) or any direct or indirect loss of any nature whatsoever (including any personal injury or death).
14.5 Repairs during warranty period shall be carried on “Carry in” basis. Wherein for service the purchaser shall bring the product to the service center of Tohands/ Tohands authorized service partner. The warranty does not cover cost of transportation of system/product from place of installation/use to the service center and vice versa.
14.6 Certain features of the product(s) may require collection of the phone number / any information of your device and also dependent on the Cellular Service Provider or any third-Party provider. Tohands will not be liable if any of thefunctions / features do not function / perform up to the expectation of the customer.
14.7 Where under any applicable law, implied conditions and warranties cannot be excluded; Liability of Tohands for breach of such conditions and warranties shall be limited to the liability as set out in clauses 14.1 to 14.6 above.
14.8 Tohands shall not be liable directly or indirectly for any claim for compensation if the Product has been exposed to moisture and / or dampness and / or extreme thermal and / or extreme environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid or to influence from external chemical products.
14.9 In the event of obsolescence of a product or any other reason whatsoever, if Tohands is not able to repair/replace the product during the warranty period, Tohands will have the option to offer a product with equivalent features or give refund, based on the utilisation period of the product. The decision of Tohands in this regard shall be final. For the purposes of refund, the calculation will be done based on the purchase invoice value not exceeding the MRP. Original proof of purchase is mandatory to be submitted to Tohands Service Centre. Accordingly, following shall be considered:
Applicable only for Tohands Products:
15.1 Release of products to us is taken as acceptance of these terms.
15.2 The customer confirms that he is the owner / representative of the owner for the device requiring repair and / or service and is duly authorized to request Tohands for repair and / or service.
15.3 The customer confirms that he has taken a backup of all data (if any) in the product(s) and has taken all necessary precautions for prevention of loss of any data whatsoever in the products(s). Tohands cannot be held responsible / liable for loss of any data whatsoever in the products(s). It is the customer’s responsibility to safeguard all such data prior to any request for repair and / or service.
15.4 The customer confirms that the description of the fault is accurate and that no other fault(s) exist to the best of his / her knowledge. Tohands cannot be held responsible for non-servicing / non rectification of faults not specifically declared / pointed out at the time of request for repair and / or service.
15.5 Any product(s) taken for repair and / or service on the basis of warranty are repaired and / or serviced under warranty conformant to the terms and conditions set out by Tohands from time to time. The accredited engineer’s decision in this matter will be final and binding on the customer.
15.6 Prior approval of the customer will be taken for any unspecified / additional faults / damages (incl. physical damage) found at the time of repair and / or service. Any consequential additional time taken shall be over and above the estimated time given at the time of accepting the product(s) for repairs and / or service.
15.7 All repairs / service in respect of out of warranty product(s) will be strictly on chargeable basis. All such charges will be payable up-front.
15.8 Repair, Service and/or support of “Tohands” products which are out of warranty are subject to availability of spare parts.
15.9 Customers are expected to remove any / all accessories provided with the product(s) prior to handing over the same for repair and / or service. Tohands cannot be held responsible for accessories provided with the product(s), unless specifically retained by the engineer. Accessories include, but are not limited to: Memory Cards, Batteries, Battery Covers, Cases, Straps, cables and remote, etc
15.10 Customers are expected to collect the product(s) promptly against full payment (in case of chargeable repair and / or service).
15.11 At the time of collecting product post repair/service, customers are expected to carry the Customer Receipt Form/ Receipt voucher/ job sheet issued at the time of handing over the product for repair/service. Service centers may refuse to deliver products in the absence of the original receipt.
15.12 Product(s) will generally be held on customers account for a period of up to 30 days from the date of completion of repair and / or service and / or intimation to the customer as stated above whichever is later. Product(s) not collected by customer within specified period as above may be disposed of and Tohands cannot be held responsible / liable for such product (s) and no claims will be entertained in respect of such product(s).
15.13 Products(s) received for repair and / or service via post, courier or any other means of transport will be taken at customer’s risk. Tohands cannot be held responsible for any loss or damage during transit.
15.14 Any time-scale given at the time of acceptance of product(s) for repair and / or service is an estimate only. Tohands will try its level best to adhere to this timescale. However, if for any reasons, there is further delay (up to 6 -8 weeks in some cases) customers shall not be entitled to make a claim for any liabilities and / or damages.
15.15 The company reserves the right to refuse to repair / service any product(s) in the absence of the ORIGINAL PROOF OF PURCHASE.
15.16 In the course of any repair and / or service, and in the interest of the customer, Tohands may need to re-flash, upgrade, update or otherwise activate, re-activate software and / or services related to the product(s) (including software updates, virus definition updates and service activations).
15.17 During the warranty period Tohands will at no additional charge, replace defective parts or products with new parts or serviceable parts or products that are equivalent to new parts or products in performance. All replaced or exchanged parts which are removed under this warranty shall be the property of Tohands.
15.18 Cosmetic damage* does not void the warranty but it is not covered under the warranty – the same can be refurbished on chargeable basis subject to
availability of parts.(Cosmetic damage* – It is only related with the colour coating, rubber coating of casing,logo print erase, key print erase and the damage of casing only)
15.19 Warranty will stand null and void if the damage caused to the Tohands Product(s) is due to use of non-standard/ sub-standard batteries, hands-free, memory card & charger etc. or such other electronics devices, consumables and accessories.
15.20 Immediate replacement or repair and/or service of any product is subject to availability of an equivalent product and/or spare parts at the service center.
15.21 Performance and / or compatibility of Tohands product(s) in conjunction with other electronic devices/software/firmware/third party service provider may vary from device to device. Tohands will not be responsible for replacement and/ or repairs of such Product(S).
15.22 The Charging / Data transfer speed using Tohands Charging Cables will depend on the Charger and Device used to charge.
16) CHARGEABLE WARRANTY TERMS
16.1 All products on which the warranty has expired will be repaired / serviced on chargeable basis only, subject to availability of spare parts and payment for the same to be made upfront.
16.2 Any physical damage to the product(s) shall render the warranty on the product(s) null and void. Repairs and / or service on such products shall be purely on chargeable basis and at the sole discretion of Tohands.
16.3 If any product or accessory has been handled by any third party or the warranty seal is broken, the warranty on such product or accessory will become null and void and all future repairs and / or service will be on chargeable basis only.
16.4 Warranty on repaired and / or replaced part(s) will be for the remainder of the original warranty period or for thirty (30) days from the date of repair and / or replacement whichever is later and will be limited to the repaired / replaced part only.
16.5 Warranty on all Tohands products is governed by the “Tohands Warranty Terms and Conditions”. Any product not covered under the above terms, will be deemed to be outside the purview of warranty and accordingly service and support will be on chargeable basis only.
17) DOA WARRANTY TERMS
17.1 Any product found faulty or not in proper working condition within 7 working days of the date of purchase is deemed to be a DOA product except Tohands official website where it is 30 days. The date of purchase will be included for calculating the above period.
17.2 All DOA material will be handled / accepted only at the point from which it was first sold (i.e., Dealer / Distributor, Retailer etc.)
17.3 All claims under DOA would be subject to the product being returned along with all accessories and the Original packaging. Tohands will not entertain any claims for DOA in the absence of any of the above.
18) FORCE MAJEURE
This contract is subject to Force Majeure events and neither party shall be responsible for delays arising there from.
19) GOVERNING LAW
19.1 All disputes arising out of any Sales and or Service Agreement or any matter incidental thereto shall first be referred to Arbitration under THE ARBITRATION AND CONCILIATION ACT, 1996. The decision of the Arbitrator in the matter shall be final and binding on both the parties hereto. Such Arbitration shall be held at Mumbai, Maharashtra, India only and the courts at Mumbai, Maharashtra, India alone shall have the jurisdiction to deal with the arbitration proceedings and the awards in accordance with the law.
19.2 In case of any disputes, the same shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India. Every effort is being made to keep the website up and running smoothly. However, Tohands takes no responsibility or liability for the website being temporarily unavailable due to technical issues or reasons beyond our control. All the above terms and conditions are subject to change without any prior intimation.
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