Terms and Conditions

The use of this e-shop/website constitutes the reading of and agreement with the following terms and conditions (“Terms”) along with any amendments made by us at our sole discretion, from time to time, and posted on the website. Unless specified or the context requires otherwise, the following terminology applies to these Terms, Privacy Statement and any or all terms relating to purchase, shipping, delivery, warranty, guarantee and replacement listed on this website:

“Customer”, “client”, “you” and “your” refers to you, the person accessing this website and accepting our terms and conditions. “WRN”, “ourselves”, “we” and "us", refers to WRN Distributors LLP. “Party” or “Parties” refers to both the client and ourselves, or either the client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

I. Website User Notice

• 1. By (i) using this website or any services offered here in any way and for the purpose of sale and purchase of the products enlisted herein; or (ii) merely browsing the website, you agree that you have read, understood and agreed to be bound by these Terms.
• 2. We retain an unconditional right to modify or amend these terms without any requirement to notify you of the same. It shall be your responsibility to check these Terms periodically for changes. Your continued use of this website and/or transacting with us, following the posting of changes to these Terms on the website, will constitute your consent and acceptance of those changes.
• 3. The information on this website is provided on an “as is” basis to the fullest extent permitted by law.
• 4. We do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the absolute right to make changes to the features, functionality or content and materials of the website at any time. We reserve the absolute right, in our sole discretion, to edit or delete any documents, information or other content and materials appearing on the website and you agree that you shall have no recourse to us as regards any such editing or deletion.
• 5. We exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the literature provided in respect of the products.
• 6. We further exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised WRN of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
• 7. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.
• 8. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the expressed written consent of WRN. WRN does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify WRN, its employees, agents, technicians, the manufacturer and importer of the products against any loss or damage, in whatever manner, howsoever caused.
• 9. We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, the web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within WRN or by its manufacturer and/or importer on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
• 10. Like most interactive websites WRN’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
• 11. You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. You may not use any "deeplink", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any contents contained in the website, or in any way reproduce or circumvent the navigational structure or presentation of the website or any contents and materials, to obtain or attempt to obtain any information through any means not purposely made available by the website.
• 12. Notwithstanding the terms of the Privacy Policy, we reserve the right to investigate complaints or reported violations of these Terms and to take any action as we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account profile, email addresses, usage history, posted materials, IP addresses and traffic information.
• 13. Copyright and other relevant intellectual property rights exist on all text relating to the products, services and the full content of this website. All associated logos are registered trademarks of WATERROWER | NOHRD GmbH, WATERROWER Inc. and/or their affiliate entities. The brand names and specific products and services featured on this website are trade-marked. Any partial or total reproduction of this content, by any means and on any support/platform, is subject to prior and express authorization by the relevant owner of the intellectual property. All information, content, and files are protected by international law concerning intellectual ownership and copyright. We cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All use of this content that violates the rights held by a third party constitutes an offence of forgery. WRN will not, under any circumstances, be held responsible if a user violates rights held by a third party through their activities on the site.
• 14. Visitors may, by way of email to WRN (Email: [email protected]), submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
• 15. If you do post content or submit material containing the intellectual property of third parties in accordance with the express authorization as required under clause 12 above, and unless we indicate otherwise, you grant WRN and its associates, its manufacturer and importer a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WRN and sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify WRN or its associates for all claims resulting from content you supply. WRN/its associates have the right but not the obligation to monitor and edit or remove any activity or content. WRN its associates take no responsibility and assumes no liability for any content posted by you or any third party.
• 16. Your records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer and importers, unless we are legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party, subject to our privacy policy.

II. Eligibility to use:

• 1. The products and services enlisted on the website are not available to minors as defined under applicable law, i.e., persons under the age of 18 (eighteen) years or to any users suspended or removed by us for any reason whatsoever.
• 2. You represent that you are of legal age to form a binding contract and are not a person barred under applicable laws from using the website and transacting with us.
• 3. WRN reserves the right to refuse access to the website to new customers or to terminate access granted to existing customers at any time without according any reasons for doing so.
• 4. You shall not have more than one active Account (as defined hereinafter) on the website. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party or impersonating any other person for the purposing of creating an account on the website. Any purchase of the products and/or services made through your account shall solely be your responsibility.

III. Account Registration and Responsibility:

• 1. In order to purchase the goods on our website or avail related services on our website you must register by creating an account (“Account”) and providing accurate details including your name, delivery address, contact details, payment information, PAN/GST and such other details as may be required on the website.
• 2. You shall ensure and confirm that all Account information provided by you is complete, accurate, and up-to-date at all times. If there is any change in your Account information, you shall promptly update the same on the website. If any information provided is found to be untrue, inaccurate, incomplete, or outdated, or if we have reasonable grounds to suspect so, we reserve the right to suspend or terminate your Account, cancel any pending orders, refund incase of payment and refuse any future access to the website, in addition to any legal remedies available.
• 3. You are solely responsible for maintaining the confidentiality of your Account credentials (including login ID and password) and for all activities that occur your Account. You agree to:
  (i) immediately notify us of any unauthorized use of your Account or breach of security; and
  (ii) ensure that your properly log out of your Account at the end of each session.
• 4. We shall not be liable for any loss or damage arising from your failure to comply with these obligations. You may be held liable for any losses or damages incurred by us or other users of the website due to the unauthorized use of your Account, whether caused by your negligence or otherwise.
• 5. Unauthorized use of another customer’s Account to place orders or avail services is strictly prohibited.

IV. Products and Services

• 1. We provide for sale, a number of products and allied services through the website as the distributor of such products. The allied services include installation and demonstration of the manner of use of the product, by our technician.
• 2. The said products and allied services can be purchased through the website through various methods of payments offered on the payment gateway with whom we partner. The availing/sale/purchase of products and services shall be additionally governed by specific policies of sale, like the replacement policy (which is set out below).
• 3. In addition, these Terms may be further supplemented by product-specific conditions, which may be displayed or provided in a handout with that product and/or be demonstrated by our technician at the time of installation. You are requested to read and understand all such product-specific terms, conditions and instructions including for assembly, use and maintenance of the product. You are requested to retain copies of any literature issued in relation to the products and services.
• 4. All such product-specific conditions shall be deemed to incorporate these Terms, wherever applicable.
• 5. Any claims arising out of damage or injury caused due a failure to follow the product-specific terms, conditions and instructions (whether orally conveyed by the technician or otherwise) and/or as a result of deviating from the demonstrated manner of use are excluded from the scope of our liability and is solely attributable to the user.
• 6. The products have been manufactured by Nohrd Gmbh and/or WaterRower Inc. and imported by WaterRower | Nohrd Private Limited, having its office at Janmabhoomi Chambers, No. 6, Walchand Hirachand Rd, Ballard Estate, Fort, Mumbai, Maharashtra 400001. WRN is the retailer and distributor of the products and services in India.
• 7. We hereby disclaim any guarantees of exactness as to the finish, appearance, size, color etc., of the finally sold product as ordered by you.
• 8. The total cost of the product is inclusive of GST but excludes, transportation, shipping installation and other relevant charges as may be applicable. A break up of the costs including service fee for installation, customization fee (see below) shipping fee and all applicable taxes shall be provided at the time of check-out.
• 9. Products may be customized per request subject to feasibility and availability; however, WRN reserves the right to reject such a request in its own discretion. Customization shall attract an additional charge which shall be conveyed to you at the time of checkout and has to be paid in advance.
• 10. The equipment is provided on an ‘as is’ and ‘as available’ basis. No warranties, express or implied, are made regarding the product's performance or suitability for a particular purpose, except as provided in the Warranty clause as detailed on the website.

V. Orders

• 1. All orders for products placed through our website shall be deemed to be an offer by you to purchase the products in accordance with these Terms.
• 2. Orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order, in whole or in part, at our discretion, including in cases of incorrect pricing, stock unavailability, or suspected fraudulent activity, or any other reason whatsoever.
• 3. Once an order is placed, you will receive an acknowledgement by electronic communication (email or SMS). This acknowledgement is not acceptance of your order. The order will be confirmed only upon the receipt of 100% payment in advance (“Order Confirmation”). We may require additional information or verification before accepting an order, which will be intimated to you by electronic communication. i.e. Email.
• 4. An order, once placed, cannot be cancelled, changed, modified, altered, replaced, or deferred. If the order is changed, modified or deffered and the payment made against product shall be forfeited and goods will be kept for 30 days from the date of arrival and if the buyer fails to take the delivery we will have the right to do whatever we want with the product. The buyer shall get no compensation, in any form whatsoever.
• 5. The website enables you to purchase the products listed on the website at the price indicated therein at any time. However, we do not guarantee that the price will be the lowest in the city, region or geography. In the event that a product is listed at an incorrect price or with incomplete information due to an error in pricing or product information, we may cancel the order. The pricing is subject to our pricing policy and the prices shall be determined by us.
• 6. Also, we may in our sole discretion cancel your order and notify you of such cancellation. If we have to cancel an order after we have received the payment for reasons not attributable to you, the said amount will be refunded to the original source of payment or any alternate source provided by the payment gateway service provider within 5-7 business days without any interest.

VI. Payment

• 1. Unless otherwise specified, all services and products must be pre-paid before order finalization. All goods remain the property of WRN until paid for in full. If the buyer fails to make the full payment for any reason, the warranty and guarantee will be considered void / cancelled.
• 2. All payments in respect of the products shall be made to WRN through WRN’s extant payment gateway partner . To the extent permitted by applicable law and subject to WRN’s Privacy Policy, you acknowledge and agree that WRN may use certain third- party vendors and service providers, including payment gateways, to process payments and manage payment card information. By placing an order and entering details for payment and delivery you consent to your data being shared with such payment gateways for the purpose of processing payments and manage payment card information.
• 3. In order to make payments online, you undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment ( “Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the webiste in good standing.
• 4. By providing the Payment Details, you represent, warrant, and covenant that:
  (i) You are legally authorized to provide such Payment Details;
  (ii) You are legally authorized to perform payments using such Payment Details; and
  (iii) Such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law.
• 5. You agree that you are responsible for any fees charged by your mobile carrier and/or WRN’s payment gateway and or any bank/transaction charges (such as credit card fee) in connection with your use of the payment services through your mobile.
• 6. You may add, delete, and edit the Payment Details you have provided from time to time through the website.
• 7. The payment receipt/transaction summary for completion of a transaction shall be provided by WRN and be made available on the website and also sent to your registered email address as available on your Account, as per the payment gateway partners.
• 8. With regards to payments, we shall not be responsible for any unauthorised transactions conducted on our website using your Payment Details. WRN shall not be obligated to refund any money to you in such instances.
• 9. Particularly, WRN is not liable for any payments that do not complete because: (i) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (ii) You have not provided WRN with correct Payment Details; (iii) Your payment card has expired; or (iv) circumstances beyond WRN’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

VII. Shipping and Delivery

• 1. Products against your order shall be dispatched as per the stock availability, upon receipt of 100% payment as outlined above in the “Payments” clause upon Order Confirmation. Our products are manufactured across the world. Items listed as “in stock” are held at our facility in Mumbai. Items with a lead time are either in production or in transit to our facility in Mumbai. Lead times are approximate and subject to change. It shall be your responsibility to confirm the stock availability for your product of choice with WRN before placing an order either by way of an email to WRN or by reviewing (where available) the website information as to stock availability.
• 2. For products in stock in India, the dispatch time will be 7-10 business days upon Order Confirmation. For products on order (which are not in stock), the dispatch time from the manufacturer’s unit will be 120 business days upon Order Confirmation. Dispatch and delivery timelines may vary.
• 3. Shipping times on machines, accessories, and other parts are outlined within the shopping cart and vary according to demand. We are entitled to partial deliveries.
• 4. We clarify that we are not the Transport Service Provider (TSP).
• 5. All items purchased from WRN are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are therefore requested to check the product at the time of accepting the delivery and notify WRN in case you notice any defect/damage in the products. Once the delivery is accepted by you, WRN shall not be obligated to entertain any claim from you with respect to the damaged delivery of the products.
• 6. Delivery will be made to the “ship to” or “deliver to” address specified in the customer’s order. The address of delivery cannot be changed.
• 7. If a service elevator is not available, the customer must arrange labour at its own cost for transporting items to the installation location / site.
• 8. Any delay or damage to goods shall be the sole responsibility of the customer.
• 9. The customer must ensure there is sufficient access and space for delivery, including clear staircases or lifts for non-ground-level locations, power connections, site readiness etc.
• 10. Delivery will occur within the date and time slot selected at Order Confirmation. The TSP will contact the customer before dispatch via email /SMS/ WhatsApp etc. The delivery team will wait a maximum of 15 minutes if the customer is unavailable. If delivery is not successful then the product would have to be picked up by the customer at their own cost from WRN’s warehouse facility, the details of which will be provided by WRN.
• 11. If the location specified by the customer is unsuitable for delivery (due to potential risk of damage to person/goods/property), the TSP may refuse to deliver the material/ goods to another accessible area at the same address and record this change.
• 12. WRN does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event beyond our control, strikes, riots, unrest or an Act of God or any of the events stated in the Force Majeure clause below. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
• 13. On delivery, you or your representative must check the packaging condition and verify the number and conditions of items received. Any discrepancies should be immediately reported to the delivery team and noted on the proof of delivery.
• 14. You or your representative must sign as per the request of the TSP upon the delivery of the goods. Refusing to sign will be treated as a refusal of delivery, and the goods will be returned.

VIII. Installation Appointment

• 1. Appointments for installation of the product by technician once confirmed cannot be cancelled or changed by you. You will be able to select a slot for assembly. If you wish to reschedule the appointment for assembly you may do so with prior notice of 48 hours to us. Prior to installation, technicians will conduct an inspection of the location where the product(s) is/are proposed to be installed in order to ascertain the suitability of such location and to propose any requisite modifications to ensure suitability. It shall be the sole responsibility of the customer at their own cost to ensure that the location is suitable for installation as suggested by the technician / as per the manufacturer’s guidelines.
• 2. Installation services shall be subject to additional cost, over and above the price of the product. It is your responsibility to contact WRN’s customer care in order to determine the cost of installation, prior to placing an order.
• 3. You will make sure you have all the products needed for installation, as per your booking. Place the products listed in your assembly order in the location where they will be installed, or, if that is not possible, in a nearby location on the same floor. Allow access to electrical outlets for the use of drilling machines or charging equipment. Allow technicians to use washroom facilities if required. Ensure there is sufficient space in the location to safely assemble and secure the products. Prepare the location (e.g., walls, flooring) for assembly and securing of products. If skirting removal is necessary, it must be done in advance by you or your authorized representative at your own cost. The purchased assembly service does not include dismantling, removal, or relocation of existing fixtures or equipment. You or an authorized representative aged 18 or above must be present to receive the technician(s) at the scheduled time.
• 4. Products will be assembled and secured in accordance with the manufacturer’s official assembly instructions and safety guidelines by the team appointed. If the guidelines are not followed, and if there is any damage or defect during installation and post-installation, warranties and guarantees of the product shall be voided. If the installation is not done by appointed technicians the warranties shall stand void.
• 5. Before starting, the technicians will inform the customer about any products that require wall mounting. The assembly team will not carry out tasks outside their defined scope, such as electrical or plumbing work, installation of electronic devices or appliances, or modification of products. Once assembly is complete, the technicians shall provide a demonstration for the use of the product(s), and the customer shall inspect the product and must sign the service report. Any concerns should be raised immediately with the technicians before signing the service report. No complaints will be entertained post installation except manufacturing defects.
• 6. Delivery will be made to the “ship to” or “deliver to” address specified in the customer’s order. The address of delivery cannot be changed.
• 6. Disposal of Debris and packing material: It is the responsibility of the customer to clear debris and dispose of packing material like cardboard boxes, installation material, shrink wrapping etc. pursuant to installation of the product at their sole cost.

IX. Refunds and Replacement

• 1. 1. We aim to provide you with quality goods very precisely with our cost of transportation and sources involved in the order placed by you. We will make our best endeavours to ensure that your products will be delivered within the time frame as promised from our end without compromising the quality of the product assured by us.
• 2. We do not offer exchanges, replacement or refunds under any circumstances.
• 3. Returns/replacements are accepted only under the following conditions:
  (i) Manufacturing defect
  (ii) Damaged at the time of delivery
  (iii) Wrong goods delivered
  (iv) Wrong Quantity – Excess or less.
  If the products delivered fall into the aforesaid categories, you can send photographs of the products to us through your Account within 48 hours of delivery. Only after WRN’s after-sale service team is satisfied, a return shall be allowed subject to WRN’s sole discretion and satisfaction.
• 4. Replacement of defective products will be initiated only upon receiving the product. Please allow one to three weeks from the day we receive the products for your replacement request to be processed. You will be contacted once your request is processed.
• 5. After approval of you replacement request, the products are required to be sent back to WRN’s warehouse the details of which would be provided by WRN. We recommend items should be returned using a traceable carrier or as specified by WRN to ensure return delivery. Returned items should be packaged properly to protect against damages that may occur during transit. Please include your name and all pertinent information clearly stated on/within the box. All such costs will be borne by WRN.
• 6. Please take care of the following points, while packing your goods for pickup
  (i) Should be packed as per the original packaging & relevant documents with it properly to avoid any damage during transit
  (ii) Goods should not be used/altered/ tampered
  (iii) Keep original packing intact & send to address specified by WRN, at cost of WRN.
  
• 7. Once verified by WRN’s executive, the goods will be replaced and will be delivered back to you. All cost will be borne by WRN.
• 8. For direct assistance with warranty or defective items, please contact WRN at [email protected].

X. Warranty

• 1. As stated above, WRN is the distributor in respect of the products and services. The warranty in respect of all products shall be in accordance with the warranty policy of the manufacturer which is set out below for reference, with its limitations. It is clarified that WRN makes no warranty (either express or implied) in relation with the products/services, either independent of any express warranty made by the manufacturer, or otherwise.
• 2. It is warranted by the manufacturer that the products contained in the original packaging against defects in materials and workmanship when used normally in accordance with manufacturer’s guidelines for a period of TWO (2) YEARS from the date of delivery upon original retail purchase by the end-user purchaser. The manufacturer warrants the spare parts contained in the original packaging against defects in materials and workmanship when used normally in accordance with manufacturer’s guidelines for a period of NINETY (90) DAYS from the date of delivery to the original retail purchaser by the end-user purchaser. Guidelines include but are not limited to information contained in these Terms, user manuals, service communications, and the demonstration provided by the installation technicians. Warranties may change from product to product.
• This warranty is valid only for Personal Use. Any Commercial Use of the product shall automatically void this warranty, irrespective of whether such use is authorized, incidental, or occasional.
  
  “Personal Use” shall mean use of the product(s)/services by an individual retail purchaser and/or their immediate family members at a private residential premises, exclusively for domestic, household or recreational purposes. Personal Use shall expressly exclude any use by more than one household or any use where access to the product is provided to third parties outside the purchaser’s immediate family for consideration.
  
  “Commercial Use” shall mean any use of the product in a professional, institutional, or revenuegenerating environment, including but not limited to gyms, fitness centres, health clubs, hotels, spas, offices, training studios, wellness facilities, schools, universities, corporate premises, or any other premises where the product is made available for use by members of the public, paying clients, employees, or third parties other than the purchaser’s immediate household.
• 4. This warranty shall be invalid if a claim has been caused by:
  (i)accident, abuse, misuse, misapplication or as a result of any modification;
  (ii) deterioration due to normal wear and tear;
  (iii) Failure to follow the preventive maintenance steps as described in the instruction manual and
  the demonstration provided by the assembly team; and
  (iv) in a case where the product installation is done other than by technicians approved by WRN in writing.
• 5. Except for the express warranties stated herein, no other warranties, either express or implied herein, including all implied warranties of merchantability and fitness for a particular purpose are granted, and this stated express warranty is in lieu of all liabilities or obligations for damagesincluding but not limited to, consequential damages occurring out of or in connection with the use or performance of any product sold herein. We specifically do not warrant the accuracy of sufficiency of any advice or recommendations given to you in connection with the sale of the products.
• 6. It is clarified by the manufacturer that notwithstanding any other provision of these Terms or the warranty policy, any part replaced or exchanged under a valid warranty claim whether due to defect, malfunction, or any other reason shall cease to be eligible for any further warranty coverage or claims once such replacement is made. The replacement part is provided strictly on a one-time basis. Thereafter, no claims, replacements, repairs, refunds, or any other remedies shall be offered or accepted for such a replaced part, notwithstanding any subsequent defect, including but not limited to defects arising from production, materials, or workmanship. This limitation shall apply even where the replaced part is itself found to be defective. The customer acknowledges and accepts that the warranty with respect to any replaced part, as provided by the manufacturer, is fully and finally discharged and extinguished upon such replacement.

XI. Default

• 1. You shall be liable for all our damages including loss of profits, loss of good will, reputation, financial losses caused by your default of these Terms.
• 2. If we, upon your default, repossess or retain any goods sold hereunder, our damages shall be the contract price of the goods plus freight, storage, handling & all other disposal costs incurred, less the then-current reasonable scrap value of the products.

XII. Limitation of Liability

• 1. As stated above, WRN is the distributor of the products and allied services and is not the manufacturer or the importer thereof. WRN has exercised no control over the designing, testing, manufacturing, packaging or labelling of the products nor has it altered or modified the product in any manner.
• 2. Fitness and health equipment is provided for personal use and at your discretion. It is your sole responsibility to assess your physical condition and consult a qualified medical professional before using any product. WRN or importer or the manufacturer, shall not be held liable for any injury, health issue, or adverse effect arising from the use or misuse of the products. Users are advised to exercise caution and use the equipment strictly as per the instructions provided on our website www.nohrd.com/in/exercise-center/ and as advised by a qualified medical professional.
• 3. Users are further advised to exercise caution and use the equipment strictly as per the instructions provided on the product specific terms and conditions, instruction manual and as demonstrated by the technician.

XIII. Waiver

• 1. Failure of either Party to insist upon strict performance of any provision of these Terms or any agreement or the failure of either Party to exercise any right or remedy to which it, they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of these Terms or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

XIV. Force Majeure

• 1. We shall not be liable for any damages resulting from: any delay or failure of performance arising from any cause not reasonably within our control; accidents to, breakdowns or mechanical failure of machinery or equipment, however caused; strikes or other labour troubles, shortage of labour, transportation, raw materials, energy sources, or failure of usual means of supply; fire; flood; war, declared or undeclared; insurrection; riots; acts of God, lockdown/pandemic or other public health emergencies or the public enemy; or priorities, allocations or limitations or other acts required or requested by State, Central or local governments or any of their sub-divisions, bureaus or agencies.
• 2. We may, at our option, cancel or delay performance hereunder for any period reasonably necessary due to any of the foregoing, during which time the Terms and any agreement with you shall remain in full force and effect. We shall have the further right to then allocate our available products between our own uses and its customers in such manner as we may consider equitable.

XV. Indemnification

• 1. You agree to indemnify, defend and hold WRN and its principals, partners, technicians, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (manufacturer/importer) harmless from any liability, loss, claim and expense, including

XVI. Governing Law, Jurisdiction and Dispute Resolution

• 1. These terms and conditions shall be governed by and construed in accordance with the laws of India.
• 2. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
• 3. All disputes arising out of or in connection with these Terms which cannot be resolved shall be referred for arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. The place and venue of arbitration shall be Mumbai and the language shall be English.
• 4. Statutory Notices:
  Name of E-commerce entity : WRN Distributors LLP
  Address: Flat No. 305, Saidham CHS LTD, B-Wing,
  Samarth Nagar, Majas Wadi Caves
  Road, Jogeshwari (East)
  400060 Mumbai - IN
  Tel. +91-9136341555
  
  
  As per the Digital Personal Data Protection Act, 2023, IT Act, 2000 & Consumer Protection Act,
  2019, our Grievance Officer is:
  Name: Mr. Akshay Rane
  Designation: Grievance Officer
  Email: [email protected]
  Phone/Fax: +91-9136341555
  Address: Flat no 305, Saidham CHS, B wing, Samarth Nagar, Jogeshwari East, Mumbai – 400060.