TERMS & CONDITIONS

Terms & Conditions

1. Eligibility:

• Use of the Hyperbolt website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Minors, un-discharged insolvents, and persons incompetent to contract are not eligible to use this website. If you are under 18, you may use the website only with the involvement of a parent or guardian.
   

2. Website Content:

• The content of this website is subject to change without notice. We do not guarantee the accuracy, timeliness, performance, completeness, or suitability of the information and materials found on this website. You acknowledge that such information may contain inaccuracies, and we expressly exclude liability for any such inaccuracies to the fullest extent permitted by law.
   

3. Use of Information:

• Your use of any information or materials on our website is entirely at your own risk. It is your responsibility to ensure that any products, services, or information available through our website meet your specific requirements.
   

4. Intellectual Property:

• This website contains material owned by or licensed to us, including the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
   

• All trademarks reproduced on this website, which are not the property of or licensed to the operator, are acknowledged.
   

5. Unauthorized Use:

• Unauthorized use of this website or its content may give rise to a claim for damages and/or be a criminal offense.
   

6. External Links:

• This website may include links to other websites for your convenience. These links do not signify our endorsement, and we have no responsibility for the content of linked websites.
   

7. Linking to Our Website:

• You may not create a link to our website without prior written consent from HYPERBOLTZ PRIVATE LIMITED. You are granted a limited, revocable, non-exclusive right to create a hyperlink to the home page of www.hyperbolt.shop, provided the link does not portray HYPERBOLTZ PRIVATE LIMITED or its products/services in a false, misleading, derogatory, or offensive manner. You may not use any Hyperbolt logo or proprietary graphics as part of the link without express written permission.
   

8. Governing Law:

• Any disputes arising from your use of this website or purchases made from us are subject to the laws of India.
   

9. Transaction Authorization:

• We are not liable for any loss or damage arising directly or indirectly from the decline of authorization for any transaction due to the cardholder exceeding the preset limit agreed with our acquiring bank.
   

10. License and Site Access:

• HYPERBOLTZ PRIVATE LIMITED grants you a limited license to access and make personal use of this site, not to download (other than page caching) or modify it, except with our express written consent. This license does not include resale or commercial use of the site or its contents, collection and use of product listings, descriptions, or prices, any derivative use of this site or its contents, or use of data mining, robots, or similar data gathering tools.
   

11. Termination:

• Unauthorized use terminates the permission or license granted by HYPERBOLTZ PRIVATE LIMITED.
   

12. Purchases and Payments:

• We accept various forms of payment methods offered by Razorpay at checkout.
   

• You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian Rupees (INR).
   

• You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
   

• We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
   

13. Terms and Conditions for Sellers of Graphic Cards:

General Terms- 

• The value assigned after evaluation will be final and non-negotiable, and the value will be determined solely at the discretion of Hyperbolt employees.
   

• Graphics cards will only be accepted from India. Sellers must have a physical address in India to receive trade-in value, which will be disbursed only in INR.
   

• Products shipped from outside India will not be accepted and will be returned.
   

• Trade-in prices are valid for 10 days from the date of issue. If a graphics card is shipped after this period, Hyperbolt reserves the right to modify the offered value or cancel the offer.
   

• After inspection and testing, a health condition report will be provided to the owner of the graphics card or the creator of the sell request.
   

• Graphics cards that have been approved will then be listed with the aforementioned health condition report.
   

• Graphics cards will only be considered accepted once they are matched with a purchase offer. Financial consideration in exchange for a graphics card will be disbursed only after acceptance, not after approval.
   

Conditions for Acceptance, Non-Acceptance, Approval, and Return-

• Graphics cards will only be approved in working condition. All specifications and particulars, including manufacturer and model name, must match the information provided in the sell request.
   

• Hyperbolt reserves the right to reject a graphics card at its discretion and to modify terms of approval and acceptance, defining ‘working condition’ on a case-by-case basis.
   

• Graphics cards not in working condition after inspection will not be approved or accepted and will be returned as per return T&C.
   

• Any mismatch in graphics card details will result in the cancellation of the sell request and return as per return T&C or non-acceptance of the graphics card.
   

• Conditions for non-acceptance include, but are not limited to, non-functioning, damaged, hazardous, or tampered graphics cards. Damages in transit to Hyperbolt will be considered case-by-case, but prior damages will result in non-acceptance.
   

• Hyperbolt reserves the right to cancel a seller offer and return a graphics card upon failure during inspection and testing.
   

Conditions for Return of Graphics Card-

• Rejected graphics cards will be returned to their senders upon response to a return shipping request or communication. If no response is received within 10 days, the graphics card may be disposed of.
   

• Return shipping costs will be borne by the original sender/owner. Hyperbolt reserves the right to require payment of return shipping costs prior to the return delivery of rejected graphics cards.
   

Shipping Terms and Conditions-

• The owner/sender is solely responsible for the condition in which the product is received by Hyperbolt. Proper packaging and delivery are the seller's responsibility, and Hyperbolt will not be held liable for any damages during delivery.
   

• Any damages from improper packaging may impact the trade-in offer value or result in non-acceptance and/or return of the graphics card.
   

• You agree to ship the graphics card within 10 days of receiving a shipping label. If shipped after this period, Hyperbolt reserves the right to revise or cancel the offer and/or reject the graphics card.
   

• Packaging and shipping costs to Hyperbolt will be borne by Hyperbolt unless otherwise mentioned in official communication from hyperboltcontact@gmail.com.
   

Permission to Evaluate and Prepare for Acceptance – Inspect and Test

• By creating a sell request and sending your graphics card, you grant us permission to inspect the physical quality and performance of the product, subject it to stress and benchmark tests, and conduct other required investigative procedures without infringing warranty guidelines or affecting performance.
   

• Once approved for listing or sale, permission for necessary restorative work will be requested. Restorative work includes but is not limited to cleaning, replacing thermal paste, and replacing thermal pads. Requests for permission will be communicated through the preferred mode of communication. If not responded to within 3 days, a follow-up email will be sent. If no response is received within 7 days, you allow Hyperbolt to conduct the necessary restorative work.
   

Confirmation of Ownership and Risk of Loss-

• By creating a sell request, you confirm that you have the legal authority to submit the graphics card for financial compensation, and that the graphics card is not counterfeit, tampered with, or stolen. The submission of the graphics card adheres to all stated terms and conditions.
   

• Hyperbolt will not be held responsible for any loss unless the graphics card has been received and accepted after inspection and testing.
   

Transfer of Ownership and Release of Liability-

• You relinquish all rights and ownership of the graphics card to Hyperbolt upon receiving financial consideration in exchange for the graphics card. Financial consideration is subject to the receipt and acceptance of the graphics card.
   

• You release Hyperbolt and associated subsidiaries and affiliates from any liability related to the shipping of the graphics card, the inspection and testing process, and the unavailability of the graphics card after acceptance.
   

14. Dispute Resolution:

• Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
   

• Binding Arbitration: Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996. The number of arbitrators shall be one. The seat of arbitration shall be Mumbai, India. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of India.
   

• Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
   

• Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
   

15. Corrections:

• There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
   

16. Disclaimer:

• THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
   

17. Limitations of Liability:

• IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN INDIAN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
   

18. Indemnification:

• You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
   

19. Miscellaneous

• These Legal Terms, along with any policies or operating rules posted by us in relation to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

By using this website, you agree to comply with these terms and conditions. If you do not agree, please discontinue use immediately.