AccrTerms and Conditions

Welcome to HOTSPOT!

The portal, www.hotspotgroup.in (“Website”) and the mobile application ‘Hotspot’ (“App”) (collectively “Platform”) is managed and operated by Rythem Divine  Creator Pvt. Ltd., a public company incorporated under the Companies Act, 1956.  enables sale and purchase of diverse range of products listed on the Platform from time to time (“Services”).

1. TERMS AND CONDITIONS FOR USE OF THE PLATFORM

1.1. Any person who access and/or use the Platform in any manner (referred as ”you”, “your”), shall be subject to these terms and conditions for use and be bound by the policies formulated by Hotspot

1.2. These terms and conditions for use, the policies as list above, and such other policies or terms as may be prescribed by Hotspot (“Terms”), together constitute a legally binding agreement between the You and Hotspot, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing or using the Platform.

1.3. Hotspot may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.

1.4. Using the Services or accessing the Platform constitute your consent to the Terms. By using the Platform, the you signify your acceptance of these Terms and agrees to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access use the Platform. These Terms supersede all previous terms and conditions communicated to you by Hotspot, for the use of the Platform and all rights and liabilities of Hotspot with respect to any Services to be provided will be limited to the scope of these Terms.

1.5. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made the under as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.6. In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Hotspot shall not be held liable for any transaction between the User and any such third parties.

2. REGISTRATION

1.1 Registration. In order to avail the Services you will be required to register on the Platform. Registration is a one-time process and is free of cost. You may register in one of the following ways:

1.1.1 By creating an Hotspot account: by providing the relevant information for the creation of your account on the Platform. Following this, an account with an exclusive user name and password (basis your inputs) will be created by Hotspot for you.

1.1.2 By using a third-party account: you may use the login credentials of the account maintained by the User with a Hotspot-integrated third-party (illustratively, Google or Facebook), in which case you will also be subject to relevant third-party terms and conditions applicable to such account.

2. USER WARRANTIES AND RESTRICTIONS

2.1 You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.

2.2 You will not:

2.2.1 Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;

2.2.2 Decompile, reverse engineer, or disassemble the content;

2.2.3 Use the Services in any way that is unlawful, or harms Hotspot or any other person or entity, as determined in Hotspot’s sole discretion;

2.2.4 Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;

2.2.5 Make false or malicious statements against the Services, the Platform or Hotspot;

2.2.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;

2.2.7 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or

2.2.8 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.

2.3 Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:

2.3.1 belongs to another person and to which they do not have any right;

2.3.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

2.3.3 harms minors in any way;

2.3.4 infringes any patent, trademark, copyright or other proprietary rights;

2.3.5 violates any law for the time being in force;

2.3.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

2.3.7 impersonates or defames another person; or

2.3.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

2.4 You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is the you responsibility to keep your Account Information current and accurate. You agree to: (a) immediately notify Hotspot of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. Hotspot will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Hotspot or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.

2.5 You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.

2.6 You represent and warrant to Hotspot that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to Hotspot in connection with the Platform and/or Services is true and accurate.

3. CONTENT ON PLATFORM

3.1 All information, content and material contained on the Platform are and continue to be Hotspot’s or relevant third party intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Hotspot or relevant third party. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.

3.2 The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Hotspot or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

3.3 Hotspot authorises you to view and access Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy. Hotspot, therefore, grants to you a limited, revocable license to access and use the Services. This license does not include a permission for carrying out any resale of the Products or commercial use of the Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Content.

3.4 You hereby grant to Hotspot a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to Hotspot through the Platform.

4. MANNER OF USE OF PLATFORM

4.1 Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, Hotspot’s acceptance of you offer and your continued adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the products and at the price indicated therein.

4.2 You agree and acknowledge that you will have to make the requisite payment for the Services availed by them on the Platform. Hotspot accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the purchase of the Products, is subject to the Fees and Payment Policy.

4.3 Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to you, in accordance with the Delivery Policy.

4.4 All information in relation to third parties, including sellers and the Products as available on the Platforms (“Third Party Information”) are provided solely for reference. Hotspot is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you access the Third Party Information at the your own risk.

4.5 If you may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Returns and Refund Policy.

5. DISCLAIMER OF WARRANTIES

5.1 Hotspot will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that Hotspot does not take responsibility for any access or use problems that arise from internet related issues at your end. Hotspot reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.

5.2 The Platform may contain user generated content which Hotspot does not pre-screen and which contains views that may be opinions of users and also of experts. Hotspot does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any user generated content that you may submit or publish on the Platform. After posting any UGC on the Platform, you continue to own the rights that they may have in that UGC, subject to the limited license set out herein below. Hotspot will do its best to monitor, edit or remove such user generated content where it considers it appropriate or necessary to do so. Hotspot does not promise that any user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

5.3 As a means to assist you in identifying the Products of your choice, Hotspot provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, info graphics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Hotspot disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to you. The appearance of the Product when delivered may vary for various reasons.

5.4 The Services included on or otherwise made available to you through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Hotspot does not covenant or warrant that:

5.4.1 the Services will be made available at all times;

5.4.2 the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components

5.4.3 the Content available on the Platforms is complete, true, accurate or non-misleading; and

5.4.4 the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

6. INDEMNIFICATION AND LIMITATION OF LIABILITY

6.1 You agree to indemnify, defend and hold harmless Hotspot, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Hotspot or any third-party. Hotspot will notify the you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Hotspot with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

6.2 To the fullest extent permitted by law, in no event shall Hotspot or any of its directors, officers, employees, agents or content or service providers (collectively, the “Hotspot Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such Hotspot Representatives have been advised of the possibility of such damages.

6.3 In no event shall Hotspot Representatives be liable for:

6.3.1 the use or inability to use the Platform and/or the Services;

6.3.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform;

6.3.3 any unauthorized access to or alteration or transmissions of SPI or other user data; or

6.3.4 any other matter relating to the Platform or the Services.

6.4 Hotspot is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Hotspot is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.

6.5 None of the directors, officials or employees of Hotspot shall be personally liable for any action in connection with the Platform or the Services.

7. ACCESS OUTSIDE THE REPUBLIC OF INDIA

7.1 Hotspot makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

8. COMMUNICATION AND UNSUBSCRIPTION

You hereby understands that with your registration onto the Platform, you may receive notifications from Hotspot in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, Hotspot may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while Hotspot endeavors to provide these notifications and reminders to you, Hotspot does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from Hotspot at any time by following the procedure set forth on the Platform.

9. TERM AND TERMINATION

9.1 These Terms shall be effective from the date of their publication on the Platform.

9.2 Hotspot reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if Hotspot is unable to verify or authenticate any information submitted by you.

9.3 You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

10. FORCE MAJEURE

10.1 Hotspot will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Hotspot’s reasonable control.

11. WAIVER

11.1 No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Hotspot. Any consent by Hotspot to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

12. SEVERABILITY

12.1 If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

13. HOTSPOT REDRESSAL

13.1 The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to processing of information, to the Grievance Officer at:

Name : Mr. Gaurav

Address 3/188 Viram Khand Gomti Nagar E-mail ID- Support@hotspotgroup.in

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms, all transactions consummated between you and Hotspot and the relationship between you and Hotspot is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Lucknow.

Returns and Refunds Policy

1. Who is HOTSPOT?

Hotspot Retail Limited, a company incorporated under the laws of India, having its registered office in lucknow, India (“HOTSPOT”) is a retail company which offers various retail solutions, including, through its website www.hotspotgroup.in and its mobile and tablet applications (“Platforms”), various online lifestyle, fashion and electronics solutions, which inter alia facilitate the sale and purchase of electronics, toys, and lifestyle and fashion merchandise (“Products”) by users of the Platforms (“Users”).

2. What is this Cancellation, Return and Refund Policy?

2.1. In keeping with HOTSPOT’s goal of ensuring User satisfaction, this cancellation, return and refund Policy (“Cancellation, Return and Refund Policy”), together with the terms of use at www.Hotspotgroup.in/help/termsAndCondition, sets out HOTSPOT’s procedures and policies in accepting: (a) Product cancellations before the Product is delivered to a User; or (b) Product returns, once a Product has been delivered to a User after purchase from the Platforms. Any return or cancellation of Products by Users shall be governed by and subject to the terms and conditions set out under this Cancellation, Return and Refund Policy.

2.2. Users are required to peruse and understand the terms of this Cancellation, Return and Refund Policy. If you do not agree to the terms contained in this Cancellation, Return and Refund Policy, you are advised not to accept the Terms of Use and may forthwith leave and stop using the Platforms. The terms contained in this Cancellation, Return and Refund Policy shall be accepted without modification and you agree to be bound by the terms contained herein by initiating a request for purchase of Product(s) on the Platforms.

3. Terms of cancellation

3.1. Cancellation before dispatch.

3.1.1. A User is permitted to fully or partially cancel orders prior to its dispatch from HOTSPOT.

3.1.2. Upon successfully placing an order on the Platforms and after HOTSPOT has successfully handed over the Product(s) to its Logistic Partner (as defined in the Delivery Policy), the User will receive a unique tracking identity number, which will enable the User in tracking the status of delivery of the purchased Products.

3.1.3. Prior to the dispatch of the purchased Products, should the User decide to cancel the purchase, the User can do so by referencing the unique tracking identity number received by the User and requesting HOTSPOT to process a cancellation by sending an email to  support@hotspotgroup.in

3.1.4. Refund. In all events of cancellation prior to the dispatch of the purchased Products, HOTSPOT shall initiate refunds within 2 (two) business days from the date on which it received the request from the User.

3.1.5. In case of cash on delivery, the refund will reflect in the User’s bank account and/or the User’s HOTSPOT Wallet (as defined in the Fees and Payments Policy) within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which HOTSPOT initiates the refund. All refunds, except for refund to HOTSPOT Wallet, shall be subject to applicable charges as may be deducted by the User’s bank.

3.1.6. In case of payment made through prepaid mode through any channel, the refund will be made to the original mode of payment. All refunds shall be subject to applicable charges as may be deducted by the User’s bank.

3.2. Cancellation after dispatch. We do not accept post-dispatch cancellation of orders.

4. Terms of Return and Refund.

4.1. The category-wise details are set out below which shall apply, subject to the other Terms and Conditions of this Cancellation, Return and Refund Policy. Do read all sections carefully to understand the conditions and cases under which returns will be accepted and check the Products display page for Product specific return information.

4.2. It is hereby clarified that in the case of electronics, notwithstanding anything to the contrary and subject to paragraph 4.12, Products may be returned only in case of defects or deficiencies in the Product, and not for any other reason

4.3. It is hereby clarified that in the case of toys, notwithstanding anything to the contrary and subject to paragraph 4.12 (a) Users cannot return certain Products which are specified as ‘non-returnable’ on the relevant Product pages of the Platforms, and (b) Products may be returned only in case of defects or damages in the Products, incorrect products shipped to the User, missing components and empty sealed packages, and not for any other reason.

4.4. It is hereby clarified that in case of certain Products, including but not limited to accessories (watches) or precious materials, notwithstanding anything to the contrary and subject to paragraph 4.12, a refund will be made once the relevant Product reaches the brand showroom / warehouse and the quality check of the Product is completed. Further, if the User loses any certificate relating to said Product, a fee of INR 500 shall be collected from such User.

4.5. HOTSPOT shall not accept return or refund requests raised for any of the following Products, except in accordance with paragraph 4.7 (“Non-returnable Products”):

4.5.1. Lingerie, innerwear, and swimwear;

4.5.2. Cosmetics;

4.5.3. Deodorants and perfumes;

4.5.4. Fashion jewellery;

4.5.5. Socks and stockings;

4.5.6. Gift vouchers issued by HOTSPOT, if any;

4.5.7. Such other Products as may be specified by HOTSPOT from time to time.

4.6. If the User is dissatisfied with the purchased Product received from HOTSPOT, or in the event where there are defects and deficiencies in the Product (attributable to, and accepted by HOTSPOT after due verification at its sole discretion) or in case of late delivery (except in case of force majeure including COVID-19), a User may initiate a request for returning the Product on the Platforms. The User shall initiate such requests for a return not later than: (a) 7 (seven) days from the date on which he/she received the delivery of the Product, in case of electronics, (b) 10 (ten) days from the date on which he/she received the delivery of the Product, in case of toys, (c) 30 (thirty) days from the date on which he/she received the delivery of the Product, in case of non-electronic Products or toys.

4.7. The User can only return Non-returnable Products if there are defects and deficiencies in the Product (attributable to, and accepted by HOTSPOT after due verification at its sole discretion) or if such Non-returnable Products are delivered late (except in case of force majeure including COVID-19). The User shall initiate a request for returning such Non-returnable Products on the Platforms not later than 7 (seven) days from the date of delivery of Product.

4.8. Subject to the terms of this Cancellation, Return and Refund Policy, HOTSPOT offers Users an easy return / refund policy. HOTSPOT also accepts partial returns wherein User can raise a return request for one or all Products except in case of Bundled Packages (as defined hereinafter). The process for initiating the process for raising a return / refund / exchange request is:

4.8.1. Please login with your credentials and visit the My Account section.

4.8.2. Select the order you want to return and click on “Return/Exchange” and follow the instructions on this page to obtain a Return ID. Kindly email an image of the Product and the invoice for our reference.

4.8.3. At the time of creation of this return / refund request, the User shall specify the preferred mode of refund i.e. either the User’s bank or HOTSPOT Wallet, if the User had used the cash on delivery mode of payment.

4.8.4. The Products will be picked up within the timelines intimated by HOTSPOT.

4.8.5. HOTSPOT will initiate the refund or replacement process only if the Products are received in accordance with the Cancellation, Return and Refund Policy.

4.8.6. On certain select days as specified by HOTSPOT separate policies may be applicable.

4.9. While raising a request for return on the Platforms, the User shall have the option to seek a refund of the monies paid by him/her towards the purchase of the Product. The User will be required to produce a copy of the original invoice at the time of placing a request for return of Products. The User shall ensure that the Product(s) being returned comply with the conditions set out under this Cancellation, Return and Refund Policy and are, among other conditions, unused, unwashed, with price tags intact, all packaging material undamaged and unused. Such returned Product(s) should not carry stains, sweat, detergent, or body odour. HOTSPOT reserves the right to alter and enforce this Cancellation, Return and Refund Policy at any time without having to serve a prior notice on the User. However, HOTSPOT will notify the Users of any change in the Cancellation, Return and Refund Policy by posting a notice on the homepage of the Platform.

4.10. If a User has purchased Products which form a part of a package of other Products, or if the Product forms a part of a promotional package (collectively, the “Bundled Package”), the User shall be required to return all the Products that form a part of the Bundled Package for HOTSPOT to process refunds. For illustrative purposes, if the User has purchased a shirt and a pair of pants as 1 (one) Product in a promotional package, the User will be required to return both the shirt and the pair of pants and will not be permitted to return either only the shirt or only the pair of pants from the Bundled Package. It is hereby clarified that if the Bundled Package consists of any Non-returnable Product along with other Products, the User shall return all other Products except the Non-returnable Products.

4.11. Return of or refund for purchased Products shall not be entertained by HOTSPOT if:

4.11.1. the Product has been used for reasons apart from checking fit and comfort. If HOTSPOT is satisfied that the Product has been used for reasons apart from checking fit and comfort, HOTSPOT shall reserve the right to reject the return of the Product;

4.11.2. the Product has been washed;

4.11.3. the price tags, brand tags, box, original packaging material, and accompanying accessories have been damaged or discarded by the User;

4.11.4. the serial number/IMEI number/bar code of the Product, as applicable, does not match HOTSPOT’s records;

4.11.5. the accessories delivered with the Product (such as chargers, earphones, user manuals, etc) are not returned along with the Product, in an undamaged condition;

4.11.6. there are any dents, scratches, tears or any other damage to the Products or any part thereof;

4.11.7. in the case of electronics, if the Products sought to be returned are not sealed in the poly jiffy bag provided by HOTSPOT;

4.11.8. the gifts accompanying the purchased Product have not been returned, or upon being returned, show signs of being used, washed, or defect;

4.11.9. in case of precious materials or accessories (watches), if the returned Products are fake or counterfeit or damaged;

4.11.10. HOTSPOT is satisfied that the Product has been rendered defective or unusable; or

4.11.11. if the User in any way breaches the Cancellation, Return and Refund Policy

4.12. In the event a User returns a Product that is not accompanied by the accessories, gifts or other items originally bundled with such Product, HOTSPOT shall have the right, exercisable at its sole discretion, to (i) (a) refuse to accept the return of such Product, or (b) process any refund thereof, or (ii) deduct the amount payable in respect of such items from the amount of refund such User is entitled to.

4.13. AIJO shall initiate a process of refund of the monies paid by the User towards purchase of a Product, if upon conducting quality checks, it is satisfied that the Product being returned entitles the User to a refund. It is further clarified that HOTSPOT shall not be required to make any refund or return the Product that it deems ineligible for a refund or return based on such quality checks.

4.14. It is expressly clarified that the refund entitled to by a User shall not include monies paid towards shipping charges or any other such charges applicable from time to time, except in case of a Product having a defect at the time of delivery (for reasons attributable to, and accepted by HOTSPOT after due verification at its sole discretion).

4.15. HOTSPOT shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s registered mobile number and email address. HOTSPOT disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund.

4.16. If the request for refund is undisputed by HOTSPOT, the refund should reflect in the User’s bank account and/or the User’s HOTSPOT Wallet within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which HOTSPOT initiates the refund.

4.17. Refunds shall be processed by HOTSPOT through its normal banking channels except in cases where a User had utilised his/her HOTSPOT Wallet for purchase of Products or opted for the cash on delivery option. Where a User had utilised his/her HOTSPOT Wallet for payment towards the purchased Products, HOTSPOT shall process all refunds only into such User’s HOTSPOT Wallet. Where a User had opted for cash on delivery option for payment towards the purchased Products, HOTSPOT shall process all refunds into either the User’s HOTSPOT Wallet or the Users’ valid bank accounts, if details of such accounts are provided by the User to HOTSPOT at the time of refund. Further, should the User have used more than 1 (one) payment option for the purchase of Products on the Platforms, HOTSPOT shall process all refunds through a Payment Option (as defined in the Fees and Payments Policy) HOTSPOT deems fit, in its sole discretion, to process such refunds. Once the amount is refunded into a User’s HOTSPOT Wallet, it cannot be further transferred to any other bank account or encashed, and would continue to remain in the User’s HOTSPOT Wallet until exhausted for shopping on the Platforms. For the purpose of illustration, if a User purchases a Product worth INR 1,000 (Indian Rupees One thousand) and pays INR 500 (Indian Rupees Five hundred) for the purchase of such Product using balances in his/her HOTSPOT Wallet, and the remaining INR 500 through his credit card, and such amount is to be refunded pursuant to the refund criteria set out under this Cancellation, Return and Refund Policy being met, then HOTSPOT may choose to refund, at its sole discretion, INR 500 (Indian Rupees Five hundred) to such User’s HOTSPOT Wallet and the remaining INR 500 (Indian Rupees Five hundred) to the User’s credit card source account, or both the amounts only to such User’s HOTSPOT Wallet.

4.18. Return of purchased Products are facilitated through HOTSPOT’s reverse-logistics partners. Upon a User making a request for return of Product on the Platforms and the same being duly acknowledged by HOTSPOT, HOTSPOT’s reverse-logistics partners shall get in touch with the User in order to collect the purchased Products from the User and delivering it to HOTSPOT. While HOTSPOT has made reasonable endeavours to ensure delivery and pick-ups across multiple locations in India, currently, HOTSPOT has a select list of areas where deliveries and collection can be undertaken by its reverse-logistics partners. In events where HOTSPOT is unable to facilitate a pick-up of the purchased Product for return from the User, the User is required to self-ship the Product to HOTSPOT’s shipping warehouse, the address for which will be intimated to the User upon the User placing such request for return.. Upon self-shipping the Product to HOTSPOT’s warehouse, the User shall be required to scan the courier/postal receipt to www.hotspotgroup.in for HOTSPOT’s records. The aforesaid return by self-shipping the Products is subject to the returned Products passing quality check at HOTSPOT’s returns desk/warehouse.

4.19. In the event where the User claims to have self-shipped the Product in accordance with the process set out in paragraph 4.18 above and HOTSPOT does not receive the returned Product or the package containing such Product is empty, the User shall be required to submit the ‘proof of delivery’ received from the courier/postal agency to HOTSPOT to prove his/her claim of return of Products through self-shipment to HOTSPOT. It is specifically clarified that any refunds shall be processed by HOTSPOT only upon it receiving the returned Products and concluding required quality checks or receiving the ‘proof of delivery’ from the User, as the case may HOTSPOT Redressal

Any grievances relating to the Cancellation, Return and Refund Policy may be directed by you to the grievance officer of HOTSPOT who can be contacted at support@hotspotgroup.in