1. Definitions & acceptance
“Company”, “we”, “us”, “our” means McFly World, operating from the address stated above, including its owners, staff, contractors, and authorised representatives.
“You”, “your”, “Customer” means any person or entity that uses our website, requests a quote, purchases goods, or receives services.
“Goods” means hardware, accessories, software licences (where supplied as a product), consumables, or any tangible or digital product we sell.
“Services” means labour, consultancy, installation, repair, maintenance, remote support, site visits, AMC, diagnostics, configuration, and any professional work we perform, whether or not bundled with Goods.
These Terms constitute the entire agreement regarding the subject matter they cover, superseding prior oral or written understandings, unless we expressly provide a separate signed contract that states it overrides these Terms for that transaction.
Where any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a right is not a waiver.
2. Website & communications
Website content (including prices, specifications, and availability) is for general information and may contain errors. We may correct errors, refuse or cancel orders, or adjust quotes before payment or performance without liability to you except return of amounts actually paid for undelivered Goods or unperformed Services, at our sole discretion and only where we cannot fulfil on the agreed commercial terms.
WhatsApp, email, SMS, and phone messages are not binding contracts until confirmed in writing (including invoice, receipt, or signed estimate) and, where applicable, payment received as we specify.
3. Products — sale, title, risk, no refunds
3.1 All sales final. Once Goods are sold and payment is received (cash, card, UPI, bank transfer, or any method we accept), the sale is final and complete. You acknowledge and agree that:
- There is no right of return, exchange, or refund for change of mind, incompatibility discovered after purchase, buyer’s remorse, failure to read specifications, or dissatisfaction with performance within advertised parameters.
- No refunds shall be issued for opened software, activated licences, hygiene-sealed items once opened, custom or built-to-order configurations, clearance items, or special orders — whether or not delivered.
- Delivery, collection, or handover of Goods to you or your carrier constitutes irrevocable acceptance of the condition of the Goods at that moment, except solely for latent defects covered exclusively by manufacturer warranty as stated in Section 4 and only to the extent we are legally able to pass through such remedy.
3.2 Title & risk. Title passes on full payment. Risk of loss, theft, and damage passes to you upon handover at our premises, dispatch to your carrier, or delivery to the address you specify — whichever occurs first.
3.3 Inspection. You must inspect Goods immediately at handover. Any visible damage, shortage, or discrepancy must be reported before you leave our premises or, for delivery, within one (1) hour of receipt with photographic evidence. Failure to report in that window is conclusive evidence that Goods were received complete and undamaged; no remedy shall apply.
3.4 Pricing & taxes. Prices are as quoted at the time of payment. Taxes (GST, etc.), duties, shipping, and convenience fees are your responsibility where applicable. Invoice disputes must be raised before payment; payment constitutes agreement that the invoice is correct.
To the extent any mandatory provision of applicable law in India confers non-waivable consumer rights, those provisions apply notwithstanding this Section; all other exclusions and limitations remain in full force.
4. Warranties on goods
4.1 Manufacturer warranty only. For branded Goods, warranty (if any) is the manufacturer’s or distributor’s warranty only, subject to their terms, registration, and RMA processes. We may assist with facilitation but are not the warrantor unless we issue a separate written warranty document signed by us naming you and the serial numbers.
4.2 No other warranties. To the fullest extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in writing by us.
4.3 Misuse & alterations. Any warranty claim may be denied if Goods show unauthorised repair, liquid damage, physical abuse, overclocking beyond spec, incompatible parts, or use outside manufacturer guidelines.
5. Services, repairs & installations
5.1 Estimates & scope. Verbal estimates, website ranges, and preliminary quotes are non-binding invitations until we issue a written estimate or work order and you accept by signature, email confirmation, or payment as we require. Scope may be revised if concealed conditions are found; additional charges apply for out-of-scope work.
5.2 No guaranteed outcomes. Services are provided on a best-efforts basis. We do not guarantee repair success, data recovery, uptime, speed, penetration-test results, ranking positions, bug-free software, or uninterrupted operation. You accept the inherent risks of technology work including but not limited to: bricked devices, partial recovery, cosmetic marks from tooling, and need for additional parts.
5.3 Diagnostic & labour charges. Diagnostics, bench time, site visits, and minimum call-out fees may be charged even if you decline further work or if repair is uneconomical, unless we expressly waive this in writing beforehand.
5.4 Parts & special orders. Parts ordered for your job are non-cancellable and non-refundable once ordered from suppliers. If you abandon the job, you remain liable for parts, labour to date, storage, and restocking fees we incur.
5.5 Service warranty (limited). If we provide a written workmanship warranty, it is strictly limited to redoing the same scoped labour we performed, for the period and conditions stated in that document. It excludes new issues, unrelated failures, third-party products, power/surge events, malware, or customer reconfiguration. No cash refunds for Services except where required by applicable law.
5.6 On-site work. You warrant safe access, power, ladder permission, parking, and authority over the premises. Delays caused by your site, staff, or third parties extend timelines and may incur additional charges. You indemnify us against injury or property claims arising from site conditions except gross negligence proved against us.
5.7 AMC & retainers. AMC and prepaid hour blocks are governed by the specific schedule of services attached. Unused hours or visits expire as stated in that document; no refunds for unused portions unless explicitly promised in writing.
6. Customer equipment & data
You are solely responsible for backing up data before any Service. We are not liable for any data loss, corruption, or breach howsoever caused during diagnostics, repair, imaging, cloning, or disposal. If you request data destruction, you confirm you have authority and releases us from claims arising from permanent erasure.
Equipment left unclaimed for thirty (30) days after notice (including WhatsApp or email to the contact you provided) may be recycled, sold to recover charges, or disposed of without further liability or payment to you.
7. Fees, estimates & payment
Payment terms are as stated on the invoice or estimate. We may require full or partial payment in advance for Goods, parts, imports, or Services. Deposits are non-refundable if you cancel or fail to cooperate, except at our sole commercial discretion.
Late payments accrue interest at 1.5% per month (or the maximum allowed by law, if lower) and recovery costs including reasonable legal fees. We may suspend work, withhold deliverables, or exercise statutory or contractual liens on your equipment until paid in full.
8. Cancellations & no-shows (services)
Cancellations within twenty-four (24) hours of a scheduled on-site visit, or repeated no-shows, may be charged up to 100% of the quoted call-out or minimum labour. Rescheduling is at our availability only.
9. Limitation of liability & indemnity
To the fullest extent permitted by applicable law:
- Our aggregate liability arising from any claim related to Goods or Services shall not exceed the amount you actually paid to us for that specific transaction in the twelve (12) months preceding the claim.
- We exclude all consequential, indirect, incidental, special, exemplary, or punitive damages, including lost profits, lost data, business interruption, reputational harm, and third-party claims — whether in contract, tort, or otherwise.
- You indemnify and hold harmless the Company from claims by your users, guests, tenants, employees, or insurers arising from use of Goods or Services after handover, except to the extent finally adjudicated to result from our gross negligence or wilful misconduct.
10. Force majeure
We are not liable for delay or failure caused by events beyond reasonable control including acts of God, war, terrorism, riots, fire, floods, epidemics, government orders, supply-chain failures, power outages, carrier strikes, or supplier insolvency. Time for performance extends accordingly.
11. Governing law & jurisdiction
These Terms are governed by the laws of India. Subject to mandatory jurisdictional rules, you agree that the courts of South Goa (or such courts in Goa as have competent territorial jurisdiction over our registered place of business) shall have exclusive jurisdiction over any dispute. You waive any objection to venue in those courts.
12. Miscellaneous
Assignment. We may assign these Terms or our rights to an affiliate or successor. You may not assign without our written consent.
Third parties. No third party has rights under these Terms except where a manufacturer warranty directly names the end user.
Changes. We may update these Terms by posting the revised version on this page with a new effective date. Continued use or new orders after posting constitutes acceptance.
Language. The English version prevails over any translation.
Contact
Questions about these Terms: hello@mcflyworld.store · Contact form
These terms are intended to reflect your commercial policies. They do not replace advice from a qualified lawyer licensed in India. Review with counsel for your entity type, consumer vs B2B sales, and sector-specific regulations.