Terms & Conditions
This Website brookssport.in is independently operated by Net Distribution Services Private Limited , an India based company incorporated under the Indian Companies Act of 1956. The Website features logos, trademarks, trade names, slogans and other indica of origin that are the registered trademarks of Brooks Sports Inc. The arrangement between Net Distribution Services Private Limited is on arms’ length principal to principal basis and Net Distribution Services Private Limited is not an agent or partner of Brooks Sports Inc.
Your use of this Website confirms your agreement to follow these rules and to be bound by them. Net Distribution Services Private Limited reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they are modified.
By electronically accepting this Agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:
THIS AGREEMENT is between Net Distribution Services Private Limited a company incorporated under the Indian Companies Act, 1956 and having its registered office at A-302, Dipti Classic, 32/34 Suren Road, Andheri (East), Mumbai 400 093 ( hereinafter called “Net Distribution Services Private Limited” ) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and you, the user of the Website and websites operated by Net Distribution Services Private Limited as a website visitor or as a person intending to make a purchase or actually making a purchase through this Website .
Net Distribution Services Private Limited is in the business of (i) creating internet retail platforms that enable retailers and internet businesses to sell products & services directly to consumers; and (ii) operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. In no event shall Net Distribution Services Private Limited be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, Net Distribution Services Private Limited shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
Net Distribution Services Private Limited will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
Net Distribution Services Private Limited operates the Website and intellectual property rights, and ownership and proprietary rights in the Website and its contents are owned by DFY. No part of the Website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the trade marks and intellectual property. Purchases of products and services on this site does not transfer any of the intellectual property related to the products and services, their design or concepts to you.
This Website may contain hyperlinks to websites operated by parties other than Net Distribution Services Private Limited. Such hyperlinks are provided for your reference only. Net Distribution Services Private Limited does not control such websites and is not responsible for their contents. Net Distribution Services Private Limited’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
In no event shall Net Distribution Services Private Limited be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, Net Distribution services Private Limited shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and Net Distribution Services Private Limited will not be responsible for your actions. Furthermore, you agree to defend, indemnify and hold Net Distribution Services Private Limited harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the Website. Net Distribution Services Private Limited shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
Net Distribution Services Private Limited is a channel for sales and as such aims to make information about Brooks running gear accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping and product supply, Net Distribution Services Private Limited will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
Net Distribution Services Private Limited is solely a channel for sale of Brooks running gear that are imported by DFY. Net Distribution Services Private Limited is not responsible for any consequences that arise from use of these products . The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products.
You further acknowledge that Net Distribution Services Private Limited will not be responsible or liable to comply with any warranties for the Brooks running gear supplied to the consumer upon placing of the order through this Website, over and above and in addition to the warranties provided under the applicable laws.
Information about the products and services sold by Net Distribution Services Private Limited is provided to it by DFY. As such, Net Distribution Services Private Limited takes this information at face value and publishes this without any further verification. As such, Net Distribution Services Private Limited is not responsible for the accuracy or validity of this information.
The content of this Website and other websites operated by Net Distribution Services Private Limited may contain materials that are created by suppliers, vendors and others who sell their products and services. If any of the material is found to be objectionable or is found to have violated any law or copyright, the responsibility of this would be with the producer of the materials and Net Distribution Services Private Limited will not be liable or responsible for any of the content. Any issues relating to this would need to be dealt with the original producer of the content and materials. To report any violation or concern, kindly send an e-mail to ‘firstname.lastname@example.org’.
Shipping of products will be done by the method indicated in the order. If, for any reason the products are sent using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this.
The product colour and actual size may vary from the visual representation on the Website.
You will be required to pay for the products ordered through the Website upon delivery of the products. Any order placed with Net Distribution Services Private Limited, cannot be cancelled once it has been processed.
By virtue of your acceptance to this Agreement, you further acknowledge that Brooks Sports Inc or DFY are not parties to this Agreement, and therefore, neither they are privy to this Agreement, nor you are privy to the agreement between Net Distribution Services Private Limited and DFY. This Agreement does not accord and in fact you also disclaim any rights to bring any action against DFY and/or Brooks Sports Inc, based on or relying on any terms and conditions of this Agreement.
Net Distribution Services Private Limited has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification.
This Agreement shall be subject to and construed in accordance with the laws of India- and the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.
In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai. The award of such arbitration shall be final and binding upon the Parties hereto.
All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand, or (ii) sent by pre-paid registered post, addressed to Net Distribution Services Private Limited, at the following address
Attn : Head of Legal and Compliance
A 302 Dipti Classic
32/34 Suren Road
Or email email@example.com