Terms and Conditions

Thank you for visiting the online store GetGear at https://www.getgear.in/.

GetGear is an authorised reseller of the brand Fitbit in India.

Your visit to this website is subject to these terms & conditions and our privacy policy available here on this website.

This website https://www.getgear.in/ is independently owned and operated by Net Distribution Services Pvt. Ltd., an India-based company incorporated under the Indian Companies Act of 1956. The website features logos, trademarks, trade names, slogans and other indicators of origin that are the registered trademarks of the brand.

The arrangement between Net Distribution Services Pvt. Ltd is on arms’ length principal to principal basis.

Your use of this website confirms your agreement to follow these rules and to be bound by them.

Net Distribution Services Pvt. Ltd reserves the right to update or modify these terms and conditions at any time without prior notice.

Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as and when they are modified.

By electronically accepting this agreement, you confirm your acceptance, and it would be accepted as would a written agreement with your signature.

You accept all the terms and conditions as follows:
“Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, supplemented, varied, or replaced from time to time.

THIS AGREEMENT is between Net Distribution Services Pvt. Ltd a company incorporated under the Indian Companies Act, 1956 and having its registered office at A-302, Dipti Classic, 32/34 Suren Road, Andheri (East), Mumbai 400 093 ( hereinafter called “NDSPL” ) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and YOU, the user of the website and websites operated by NDSPL as a website visitor or as a person intending to make a purchase or actually making a purchase through this website.

NDSPL is in the business of
(i) creating internet retail platforms that enable retailers and internet businesses to sell products & services directly to consumers; and
(ii) operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. 

In no event shall NDSPL be liable for any damages whatsoever arising out of, or in connection with, your access of this website or any information contained at the website or any linked websites. NDSPL shall not be liable for special, indirect, consequential, or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.

NDSPL will not be responsible for any liability arising out of the conduct of its employees, associates, contractors, and suppliers that may cause any financial or other loss to you.

NDSPL operates the website and intellectual property rights, and ownership and proprietary rights in the website and its contents are owned by the brand. No part of the website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this agreement shall give or be deemed to grant, whether directly or by implication, any right, title, or interest in or to the ownership or use of the trademarks and intellectual property. Purchases of products and services on this site do not transfer any of the intellectual property related to the products and services, their design, or concepts to you.

This website may contain hyperlinks to websites operated by parties other than NDSPL. Such hyperlinks are provided for your reference only. NDSPL does not control such websites and is not responsible for their contents. NDSPL’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

In no event shall NDSPL be liable for any damages whatsoever arising out of, or in connection with, your access to this website or any information contained at the website or any linked websites. NDSPL shall not be liable for special, indirect, consequential, or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.

Any fraud, neglect, deliberate omission, wrongful act, or default conducted by you will be subject to legal action and NDSPL will not be responsible for your actions. Furthermore, you agree to defend, indemnify, and hold NDSPL harmless from and against all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the website.

NDSPL shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, the act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.

NDSPL may at any time make changes or modify the website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, and return policy without any prior notice and it may do so with no prior permissions from users of the site or service.

NDSPL is a channel for sales and as such aims to make information about all products accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping, and product supply, NDSPL will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.

NDSPL is solely a channel for the sale of Fitbit watches, trackers and accessories. NDSPL is not responsible for any consequences that arise from the use of these products. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold and are solely responsible for the consequences of the use of these products.

Information about the products and services sold by NDSPL is provided to it by the brand. As such, NDSPL takes this information at face value and publishes this without any further verification. As such, NDSPL is not responsible for the accuracy or validity of this information.

The content of this website and other websites operated by NDSPL may contain materials that are created by suppliers, vendors and others who sell their products and services. If any of the material is found to be objectionable or is found to have violated any law or copyright, the responsibility of this would be with the producer of the materials and NDSPL will not be liable or responsible for any of the content. Any issues relating to this would need to be dealt with by the original producer of the content and materials. To report any violation or concern, kindly send an e-mail to ‘legal@ndslindia.com’.

Shipping of products will be done by the method indicated in the order. If for any reason, the products are sent using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this.

The product colour and actual size may vary from the visual representation on the website.

You will be required to pay for the products ordered through the website upon delivery of the products. Any order placed with NDSPL, cannot be cancelled once it has been processed.

NDSPL has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification.

This Agreement shall be subject to and construed in accordance with the laws of India- and the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.

In the event of any disputes, differences, or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action is taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof.

The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai. The award of such arbitration shall be final and binding upon the Parties hereto.

All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand, or (ii) sent by pre-paid registered post, addressed to NDSPL, at the following address.

Attn: Head of Legal and Compliance
A 302 Dipti Classic
32/34 Suren Road
Andheri East
Mumbai 400093
India

Or email legal@ndslindia.com