FeelsBrandNew – Terms Of Use
TERMS OF USE
Feels Brand New – Terms of Use
Last Updated: [●]
These Terms of Use ("Terms") govern your access to and use of the websites www.feelsbrandnew.com and www.feelsbrandnew.in (collectively, the "Platform"), operated by Gadgets & Grace Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in India ("FeelsBrandNew", "Company", "we", "us", or "our").
These Terms apply to your use of the Platform, including our website, mobile applications, and related services.
By accessing, browsing, or using the Platform in any manner—including purchasing products, creating an account, or interacting with content—you agree to be bound by these Terms, our Privacy Policy, and all other policies referenced herein. If you do not agree, you must immediately discontinue use of the Platform.
1. Eligibility & Legal Capacity
1.1 You must be at least 18 years of age and legally competent to enter into binding contracts under Indian law to use the Platform.
1.2 If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind such entity.
2. Nature of the Platform
2.1 FeelsBrandNew is an e-commerce platform offering certified pre-owned and new premium electronic products.
2.2 The Platform operates as a direct-to-consumer marketplace. Vendor selection, logistics, refurbishment, and fulfillment mechanisms may evolve over time without impacting these Terms.
2.3 The Company reserves the right to modify, suspend, or discontinue any aspect of the Platform without liability.
3. User Accounts & Security
3.1 Users may be required to create an account to access certain features of the Platform.
3.2 You agree to provide accurate, complete, and up-to-date information and to maintain the confidentiality of your login credentials.
3.3 You are solely responsible for all activities conducted through your account.
3.4 FeelsBrandNew reserves the right to suspend or terminate accounts suspected of fraud, abuse, or policy violations.
4. Product Information & Condition Disclosure
4.1 Product descriptions, images, specifications, and condition grades are indicative and provided for informational purposes only.
4.2 Certified pre-owned products are not new. Cosmetic variations, minor wear, or refurbishment indicators may exist despite rigorous certification processes.
4.3 FeelsBrandNew does not guarantee absolute visual or functional parity with factory-sealed, unused retail products, notwithstanding certification, testing, or quality assurance procedures.
4.4 Product Categories & Differentiation
Products offered on the Platform may include, without limitation:
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(a) Certified pre-owned electronic devices;
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(b) Brand-new electronic accessories; and
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(c) Brand-new electronic devices offered under specific brand names or product lines.
Each product category is subject to distinct condition standards, warranty terms, and usage limitations, as disclosed on the relevant product page and/or applicable policy.
4.5 Open-Box, Unused & Sealed Products
The Platform may offer electronic devices in various packaging and usage conditions, including:
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(a) Open-box products that may have been previously unsealed or activated but not used or minimally used;
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(b) Unused but unsealed products; and
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(c) Sealed, unused, box-packed products.
Packaging condition alone does not determine warranty coverage, functionality, or manufacturer support.
5. Pricing, Availability & Order Acceptance
5.1 Prices, availability, and promotions are subject to change without prior notice. All prices are listed in Indian Rupees and are inclusive of applicable taxes unless stated otherwise. By placing an order, you authorize FeelsBrandNew and its payment partners to process payments securely.
5.2 The Company reserves the right to cancel orders due to pricing errors, inventory issues, suspected fraud, or regulatory concerns.
5.3 Order confirmation does not constitute acceptance until dispatch. FeelsBrandNew reserves the right to cancel orders prior to dispatch.
6. Payments
6.1 Payments are processed through authorized third-party payment gateways.
6.2 FeelsBrandNew does not store, process, or have access to full card details or sensitive payment credentials. All transactions are processed through PCI-DSS compliant payment gateways.
6.3 Failed or reversed transactions may result in delayed order processing or cancellation.
7. Returns, Refunds & Warranties
7.1 Returns, refunds, cancellations, and warranties are governed by separate policies available on the Platform. Refurbished products may carry a limited warranty from FeelsBrandNew or the original manufacturer. Returned items are subject to inspection for eligibility.
7.2 FeelsBrandNew retains sole discretion in assessing eligibility under such policies.
7.3 No-Warranty Electronic Accessories
Certain brand-new electronic accessories—including imported items, novelty products, private-label goods, or non-OEM products—may be sold without any manufacturer or seller warranty unless expressly stated on the product page.
Such products are provided on an "as-is" basis. By purchasing these items, users acknowledge that no warranty coverage is provided and assume all associated risks, except as required under applicable law.
7.4 Product-Specific Warranty
Certain brand-new tablet devices or similar products may be offered with a limited replacement warranty, subject to product-specific terms disclosed on the product page and/or warranty documentation.
No warranty applicable to one product shall be deemed to apply to any other product or category.
7.5 Precedence of Product-Level Disclosures
In the event of any inconsistency between these Terms and disclosures on a specific product page, the product-level disclosures shall prevail for that product.
7.6 Open-Box Devices with Remaining Warranty
Certain open-box devices may include a remaining manufacturer or seller warranty for a reduced period, as disclosed on the product page. FeelsBrandNew does not guarantee extension or renewal of such warranties.
7.7 Sealed or Unused Products – Warranty Disclaimer
Sealed or unused products may carry full, partial, or no warranty, as explicitly stated on the product page. Packaging condition alone does not imply warranty coverage.
7.8 Apple iPhone Products – Warranty & Activation
Apple iPhone devices may have varying warranty status depending on prior activation or sourcing. Any remaining Apple warranty shall be limited to the balance available at the time of purchase.
7.9 Laptop Devices – Warranty Scope
Laptop devices may have varying warranty coverage depending on manufacturer policies or prior registration. Warranty applicability is limited strictly to what is disclosed on the product page.
8. Intellectual Property Rights
8.1 All content, trademarks, logos, designs, and materials on the Platform are owned by or licensed to FeelsBrandNew.
8.2 Unauthorized copying, reproduction, distribution, or commercial exploitation is strictly prohibited.
9. User Conduct & Prohibited Activities
You agree not to:
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Engage in fraudulent or unlawful activities;
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Upload malicious code or harmful content;
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Misrepresent identity or affiliation;
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Violate intellectual property rights; or
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Interfere with Platform security or operations.
10. Disclaimer of Warranties
10.1 The Platform and all products and services are provided on an "AS IS" and "AS AVAILABLE" basis, except as required by law.
10.2 No assumption of warranty, replacement, or service coverage shall arise unless expressly stated in writing for a specific product.
10.3 By placing an order, users confirm they have reviewed and understood product descriptions, condition, and warranty disclosures.
10.4 No branding, packaging, or marketing communication shall create an implied or extended warranty.
11. Limitation of Liability
To the maximum extent permitted by law, FeelsBrandNew’s liability shall be limited to the amount paid by the user for the specific product giving rise to the claim.
Under no circumstances shall FeelsBrandNew be liable for indirect, incidental, consequential, punitive, or special damages.
12. Indemnity
You agree to indemnify and hold harmless FeelsBrandNew from all claims, losses, damages, liabilities, and expenses arising from your violation of these Terms or applicable laws.
13. Force Majeure
FeelsBrandNew shall not be liable for failure or delay caused by events beyond reasonable control, including acts of God, governmental actions, network failures, pandemics, cyber-attacks, or system outages.
14. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with Indian law. Disputes shall first be resolved amicably through customer care and the Nodal Grievance Officer. If unresolved, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996. Courts at Mumbai shall have exclusive jurisdiction.
15. Modifications
FeelsBrandNew reserves the right to modify these Terms at any time. Updated Terms will be posted on the Platform with an effective date. Continued use constitutes acceptance of the revised Terms.
16. Regulatory Compliance
FeelsBrandNew operates in compliance with:
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Consumer Protection (E-Commerce) Rules, 2020;
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Information Technology Act, 2000;
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Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and
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Digital Personal Data Protection Act, 2023.
The Company acts as an intermediary under applicable laws.
17. User Content
Users may post reviews, comments, or feedback. Such content must be lawful, respectful, and non-infringing. FeelsBrandNew may moderate, edit, or remove user content at its discretion. User submissions do not represent the views of the Company.
18. Force Majeure (Additional)
The Company shall not be held liable for delays or failures caused by events beyond its control, including natural disasters, government restrictions, or third-party service disruptions.
19. Contact Information
Gadgets & Grace Private Limited
Email: support@feelsbrandnew.com