Terms of Sale (“Terms”)

TERMS AND CONDITIONS OF SALE

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE BELOW-IDENTIFIED SIGNIFY ENTITY IN INDIA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE BY APPLICABLE LAW.

SIGNIFY ENTITY:

Signify Innovations India Limited (formerly known as Philips Lighting India Limited) 

Registered Address: PS ARCADIA CENTRAL, 3A, 3rd floor, 4A, Abanindranath Thakur Sarani (Camac Street), Kolkata, WB 700017 and

Corporate Office: Building No.9B, 9th Floor, DLF Cybercity Phase-II, Gurugram, Haryana-122002

You can reach us via:  support.philipslightingIndia@signify.com or call on our international toll free number: 000 800 050 7777*  (Monday till Saturday from 09:00 until 17:00 IST). 

1. About these Terms. These terms and conditions (these “Terms”) apply to the purchase and sale of products through this website (in.shop.lighting.philips.co.in (Philips Lighting online Store) (the “Site”) for delivery in India. These Terms are subject to change by the above-referenced Signify Entity (“Signify”) without prior written notice at any time, in Signify’s sole discretion. Any changes to these Terms will only be applicable to orders made after such changes. You should review these Terms prior to purchasing any product that are available through the Site.

You should carefully review Signify’s Privacy Notice before placing an order for products through this Site (see Section 10).

For Philips products with embedded software, your access and use of software embedded in such products, your access and use of the app to be downloaded to your smartphone or tablet, and services and features accessible for such products through the Site are on the terms and conditions of the applicable Terms of Use of the said Philips product (as available via the app).

2. Placing your order. When you place an order, a valid, binding and enforceable contract governed by these Terms is created between you and Signify. Signify will send you an email acknowledging receipt of your order with your order number and details of the items you have ordered.

While Signify will make every effort to supply you with the products listed on Signify’s order confirmation, there may be occasions where Signify is unable to supply the products because, for example, (i) such products are no longer being manufactured or are out of stock or not currently available, (ii) Signify is unable to source relevant components or (iii) there was a pricing error. In such circumstances Signify will contact you and may suggest alternative products that you might wish to purchase (at the same or different price). In the event of a pricing error, Signify will communicate the correct price to you. If you do not accept Signify’s proposed substitution or the price modification, then Signify will cancel the order and refund any money that you may have paid to Signify in respect of the order.

Prices. All prices, discounts, and promotions posted on the Site are subject to change without notice. Prices are in local currency. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your invoice with breakup (including taxes). Price increases will only apply to orders placed after such changes. All our products on the Site include the exact pricing including GST and any additional charges. The prices are in INR. The price that you will have to pay to us, is the price indicated at the moment you press the order button on the Site. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. If we do charge shipping costs or any other cost, we will specify such cost clearly on our Site during the ordering process and before you press the order button.

3. All the taxes and charges will be added to your merchandise total and will be itemized in your shopping cart prior to purchase and in your order confirmation email. Signify strives to display accurate price information, however Signify may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Signify reserves the right to correct any errors, inaccuracies, or omissions at any time. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

4. Paying for your products.

Terms of payment are within Signify’s sole discretion and, unless otherwise agreed by Signify in writing, payment must be received by Signify at the time you place your order. You may pay for your products by the methods of payment as may be provided as payment options during checkout. You represent and warrant that (i) the credit card information you supply to Signify is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices as described in Section 3, above.

Payment facilitation. Signify has contracted with Payment Gateway Razorpay, a third-party service provider, to perform certain services related to payment processing, including card processing, currency exchange, and regulatory compliance. Accordingly, Signify may provide your personal or transactional information with this third-party service provider when necessary to perform such services. Such transfer of personal/transactional information will be governed by the Signify Privacy Notice as set forth in Section 10, below, and by the privacy notice of the third party service provider, which can be found here: https://razorpay.com/privacy/

5. Delivery of your products. Signify will arrange for shipment (but not installation) of the products to you at the shipping address indicated by you during the ordering process. Please check the individual product page for specific delivery options. We will deliver the products within 7-10 business working days, at the address specified at the time of placing the order. We will contact you if there is a delay. If you do not agree with a later delivery, you may cancel the order free of charge. We will repay any prepaid amount via the same payment method that you used to make the purchase.

Title to your products will pass to you upon the later of (a) your payment to Signify or (b) our delivery of the products to you. Risk of loss and damage in your products will pass to you upon delivery of the products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. Signify is not liable for any delays in shipments.

Signify uses a carrier for the delivery of the products. As soon as the carrier receives the products, Signify will send you an e-mail with a tracking number, so you can trace your delivery. Please note that at this moment we only deliver in India. We do not accept an order intended for delivery outside India.

Please contact us if there are any problems with your delivery, via an email to support.philipslightingIndia@signify.com

6. What if you change your mind?

Cancel order: You can cancel the order within 24 hours of placing the order via a mail to support.philipslightingIndia@signify.com. Please mention the order number for effective cancellation.

Your right to return the products: In addition to and without limiting any statutory return rights/cooling off periods, Signify will accept a return of the products if you initiate return within 7 days of receiving the product with valid proof of purchase. For return of products, please keep the item in its original condition, with outer box or case, user manual, warranty cards, and other accompaniments in manufacturer’s packaging for a successful return pick-up. We may contact you to ascertain the reason to return the product. The products damaged at your end, and/or products not in original condition or used visibly, would not be eligible for return.

Exceptions:

You cannot send back and will therefore not receive a refund for personalized and / or customized products made in accordance with your specifications, unless we explicitly state on our Site that you may still return such product and receive a refund.

You will only have to pay for the return shipping cost if we have explicitly informed you at the moment of purchase that such cost will have to be paid by you.

The reimbursement of the price paid for the returned product and any paid delivery return shipping costs will take place within 14 days, after the receipt of products by us. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

For defective returns, please refer to the manufacturer's warranty (see Section 7) included with the product or as detailed in the product's description on Signify’s Site. You can contact us via an email to: support.philipslightingIndia@signify.com. You should note any damage to the Product caused in transit, or shortages thereto, on transport documentation immediately upon receipt of the Product, with due regard to applicable instructions by Signify or the carrier. All Products delivered under these Terms will be deemed accepted by you as conforming to the Terms, and you will have no right to revoke any acceptance, unless you provide notice to us of a claimed nonconformity within seven (7) days of the date of delivery. The non-conformity can be in nature of goods being , damaged, spurious, having characteristics different from what was shown on the website or without your refusal to accept products, in case of late delivery. Notwithstanding the foregoing, any use of a Product by you after delivery will constitute acceptance of that Product. We shall at our option and within a reasonable time, correct nonconformities by either repair, make available parts, replace, or credit the Price paid for products found to be in nonconformity. 

7. Limited Warranty.

In most instances, Signify’s products are sold subject to an applicable standard limited warranty, either accompanying the product or as published on the Site as the standard warranty applicable for a product (the “Standard Product Warranty”). For any product that is sold by Signify that is not subject to an applicable Standard Product Warranty, Signify warrants that for two (2) years from delivery to you the product’s hardware components will be free from any defect in material or workmanship which causes the product to fail to operate substantially when used as directed and in accordance with the specifications provided by Signify, with consideration given to the overall performance of the product and based on up to 3 hours average working time per day/7 days per week. Signify does not provide any warranty for software elements in the products or third-party products.  

Unless otherwise agreed in writing, Signify does not provide any warranty for third party products, software, applications or services. You acknowledge that certain end-user license agreements, terms of use, terms of service, or similar terms may limit the warranty period for any related or enabling software (including web or mobile applications).

Unless otherwise specified in the Standard Product Warranty, (i) if you have a valid claim under warranty, you shall promptly notify Signify prior to the end of the warranty period; (ii) if you have a valid warranty claim, Signify shall, within a reasonable time, at Signify’s own option, repair the product or offer a replacement product; (iii) if, despite Signify’s reasonable efforts, a product cannot be repaired or replaced, Signify shall make an appropriate refund of monies paid by you for the purchase of the product; (iv) repairs, replacements or remedies will not extend or renew the original warranty period; (v) replacement products supplied by Signify may have minor deviations in design and/or specifications which do not affect the functionality of replaced product; (vi) if your claim under warranty is not valid, you will bear the transport costs of the product returned; (vii) Signify’s warranty does not cover products not properly installed and not used in accordance with user manuals and other instructions from Signify. For the avoidance of doubt, in no event will Signify be responsible for the costs associated with de-installation, removal or replacement of any product, including labor. 

You acknowledge and agree that certain functionality of the products may rely upon the availability and correct functioning of third-party manufacturers and service providers, including connectivity and communication devices and services from providers and mobile operators. These are outside of Signify’s control and Signify has no responsibility or liability for performance (or lack thereof) of such third party services or devices.

8. Our Liability.

(i) Signify will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, consequential, punitive, or special loss or damage of any kind (including attorney’s fees) howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and (ii) Signify’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to Signify in respect of the product(s) in question.

If you as a consumer have rights under mandatory consumer laws in the jurisdiction where you reside, then nothing in these Terms shall limit or exclude Signify’s liability for breach of any term implied by statute.

9. Goods Not for Resale or Export. Certain transactions may be subject to export or import control laws and regulations that prohibit or restrict the (re)export or transfer of certain items to certain countries, entities or individuals, such as the laws and regulations of the UN, EU and US (“Export Regulations”). The (re)export or transfer of products are subject in all respects to the applicable Export Regulations and to the jurisdiction of the relevant authorities responsible for Export Regulations. If any such (re-)export or transfer requires an export or import license, or is otherwise prohibited or restricted under Export Regulations, Signify may, in Signify’s sole discretion, suspend Signify’s obligations to you until such license is granted or for the duration of any restrictions or prohibitions, or terminate (the relevant part of) the sale without incurring any liability.

10. Privacy and Data Protection. All personal data will be processed in accordance with what is stated herein and the following Privacy Notice: https://www.signify.com/global/privacy/legal-information/privacy-notice

11. Embedded Software License; Proprietary Rights. Signify is and shall remain the sole and exclusive owner of all intellectual property rights (including patents, utility models, registered and unregistered designs, copyrights, database rights, trademarks, domain names, trade secrets, know-how, semiconductor IC topography rights and all registrations, applications, renewals, extensions, combinations, divisions, continuations or reissues of any of the foregoing), whether now or hereafter existing (including, without limitation, any improvements to or modifications thereto), however and by whomever conceived or developed, whether or not reduced to tangible form or reduced to practice, with respect to all products sold or offered for sale pursuant to these Terms (collectively, the “Intellectual Property Rights”). You shall not use Signify’s Intellectual Property Rights in any of your advertising, communications, publications, or other work without the prior written permission of Signify. You must not remove, obfuscate, deface, cover, or alter any Signify mark or other mark nor add any Signify mark or other mark to any materials provided by Signify nor to any Product or its packaging. You will not register or use any trademark that may cause confusion with Signify’s Intellectual Proprietary Rights.

12. Circumstances Beyond our Reasonable Control. Signify will make every effort to perform our obligations under an order confirmation. However, Signify cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control including, but not limited to, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, acts of terrorism, sabotage, labor strikes, epidemics, pandemics, riot, utility failures, and malfunction or loss of hardware/software, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by Signify with reasonable care.. In the event of a delay, Signify will perform its obligations as soon as reasonably possible.

13. Governing Law and Jurisdiction. These Terms and any and all claims arising out of or related to these Terms, or your purchase of products pursuant to these Terms, are governed by the laws of India. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to your use of the Site and/or purchase of the Products shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Gurugram, Haryana. 

In case you have a complaint, please contact us

Level 1: Customer Service Support

Please contact our customer care at: support.philipslightingIndia@signify.com

A unique reference number will be shared on real time basis as a confirmation. You may please refer the same for all future communication with our support team.

Level 2: Grievance Officer

If your compliant/concern/query is not addressed satisfactorily from Level 1 or your query/ complaint remains unresolved, you can reach out to our Grievance Officer (Mr. Kanishka Garbyal) at:  grievance.shop@signify.com, with the details of your grievance and the corresponding unique reference number. The consumer shall receive timely updates on his registered mail id with the status of the resolution of his/her grievance. Alternatively, grievance officer may call the customer directly if required and will update on status and resolution of his/her grievance.

14. Customer Support and Contacting Signify.

Except as explicitly stated otherwise, any notices you send to Signify shall be sent to support.philipslightingIndia@signify.com. In the case of notices Signify sends to you, you agree to receive notices and other communications by Signify sending you an email at the email address provided by you, or mailing a notice to you at your billing address. You agree that all agreements, notices, disclosures and other communications that Signify provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Any promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as Signify’s Privacy Notice. If the rules for a promotion conflict with these Terms, the promotion rules shall apply. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

16. Assignment. You cannot assign any of your rights or delegate any of your obligations under these Terms without Signify’s prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

17. No Waivers. The failure by Signify to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by Signify’s duly authorized representative.

18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.