Returns & Cancellations Policy

Effective Date: December 2017

1.
REFUNDS AND RETURNS

1.1
Except as set out herein or under the Returns Policy below in Clause 1.2 and subject to any rights you have under applicable Law that cannot be excluded or limited by these TOS:

1.1.1
we shall not be liable and you shall not be entitled to reject Products, except for:

(a)
damage to or loss of Products or any part thereof in transit (whether through digital download or physical delivery) (where the Products are carried by our own transport or by a carrier on our behalf) and where it has been notified to us within 30 (thirty) Business Days in case of damage of receipt of the Products;

(b)
defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 30 days of receipt of the Products.

(c)
defective performance of Products (not being defects caused by any act, neglect or default on your part) where it has been notified in writing to us within 30 (thirty) days of such defect becoming apparent.

1.1.2
we shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.


1.1.3
where these is a shortage or failure to deliver, or any defect in or damage to a Product, we may at our option:

(a)
(in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or

(b)
in the case of failure to perform or defective performance of a Product, make good such failure or defective performance; and/or

(c)
in the case of damage or any defect(s) in the Product:

(i)
Replace or repair the Product upon you returning the Product; or;

(ii)
Refund the price paid in respect of any Products found to be damaged or defective.

1.2
Returns Policy:
1.2.1
Physical Products Order
Once an Order containing physical products has been placed and the funds have been received by us, the Order is considered accepted and the following policy and charges will apply to order cancellations per the relevant status below:

(a)
Order Not Yet Shipped
In cases where the Order has not yet been shipped from the warehouse and a cancellation request is generated, the Order will be cancelled and a refund will be initiated within 72 hours of receiving the request in writing from the customer who has placed the Order.

(b)
Order Shipped
In cases where the Order has already been shipped from the warehouse and a cancellation request is generated, the Order will be cancelled and the refund will be initiated with 72 hours of receiving the Product back from the customer or from the courier company as RTO (Return to Origin). If the Order is already delivered, you must ensure that the packaging is not opened and remains sealed. The Product will need to be sent back to EMSPL in good condition and be unused. The above will not apply to products downloaded electronically.

Once the transfer is initiated, you will be given a bank reference ID to track the refund process. The funds transfer is done through a third-party gateway and could take between 7-10 Business Days to reflect in your account.

(c)
Out-of-Stock Orders
It is our endeavour to ensure that Products displayed on the Website are available at all times. However, in cases where the Products are not available and not likely to be available for a reasonable period of time, you will be paid the full refund amount. No charges will be levied. Refunds will be processed within 72 hours, refunded to the cardholder and credited through the same payment instrument.
Once the refund is initiated, you will be given a bank reference ID to track the refund process. The funds transfer is done through a third-party gateway and may take between 7-10 Business Days to reflect in your account.

1.2.2
Digital Product Orders
Fulfilment of digital Orders will be done through the transaction confirmation, which will include a download link and license key which should be used to activate the Product.
Once downloaded, the transaction is complete and refund of the transaction will be done only at the discretion of the manufacturer/licensor/supplier.
EMSPL is an online reseller and may not have the right to reverse transactions and make refunds once the Product has been purchased and the software key and/or download link is provided to the User.

1.2.3
Shipping, handling, and any applicable tax are not refundable (except in cases of Clause 1.1.1 and 1.1.3).

1.2.4
If you return your Product and/or receive a refund, you agree to uninstall and delete all copies of the Product/ software from your device(s). Also, the license may, in the manufactures/suppliers sole discretion, be disabled to prevent further use.