Terms & Conditions
Last Updated: 5th September 2025
Welcome to www.earkart.com (the “Website” or “Platform”), operated by Earkart Limited (formerly known as Earkart Private Limited), a company incorporated under the laws of India, having its registered office at:
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Shop No. 8-P, Street No. 6, Vasundhara Enclave, East Delhi, Delhi – 110096
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Corporate Office: 3rd Floor, KRBL Building, C-32, Sector 62, Noida, Gautam Buddha Nagar, Uttar Pradesh 201301
(“Earkart”, “we”, “us”, or “our”).
By accessing, browsing, or using this Website/application (“App”), you (“you”, “your”, or “Customer”) agree to be legally bound by these Terms and Conditions (“Terms”), along with our Privacy Policy, Product Warranty Policy, and Return & Refund Policy (available at www.earkart.com
If you do not agree with any provision of these Terms, you should immediately discontinue use of this Website/App.
1. Legal Compliance
This Terms and Conditions document is published in compliance with, and governed by, the laws of India, including but not limited to:
1.1 The Indian Contract Act, 1872
1.2 The Information Technology Act, 2000, together with applicable rules, including:
1.2.1 The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPI Rules”)
1.2.2 The Information Technology (Intermediaries Guidelines) Rules, 2011, as amended
1.3 The Consumer Protection Act, 2019 and applicable e-commerce rules framed thereunder
2. Eligibility
2.1 You confirm that you are at least 18 years of age and have the legal capacity to enter into a valid contract under Indian law.
2.2 If you are acting on behalf of a company or legal entity, you represent and warrant that you are authorized to bind such entity to these Terms.
2.3 For customers outside India, operations shall be governed by the respective laws of each jurisdiction.
3. Scope of Services
Earkart provides Customers with access to:
3.1 A platform to browse and purchase Earkart’s own products as well as products of third-party brands (including hearing aids, earplugs, and related accessories).
3.2 Facility to create and maintain user accounts.
3.3 Ancillary services, as updated from time to time.
We reserve the right, at our sole discretion, to refuse or discontinue service to any Customer without prior notice.
4. Products and Availability
4.1 All products displayed on the Website/App are subject to availability, and we do not guarantee that items will remain in stock at all times.
4.2 We make reasonable efforts to ensure that product descriptions, images, specifications, and prices are accurate; however, typographical errors, inaccuracies, or omissions may occur.
4.3 We reserve the right to correct such errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have placed an order).
4.4 The colors and appearance of products may vary slightly from images shown, depending on display devices and manufacturer updates.
4.5 Availability of products and delivery timelines may vary by location, demand, and stock levels.
5. Orders and Payment
5.1 By placing an order, you make an offer to purchase the selected product(s) in accordance with these Terms.
5.2 All orders are subject to acceptance and confirmation by Earkart.
5.3 We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to: limited stock, pricing errors, payment issues, technical glitches, or suspected fraudulent or unauthorized activity.
5.4 Payments must be made through approved and secure payment gateways on the Website/App. By using a payment method, you represent that you are authorized to use it and that the details provided are valid and accurate.
5.5 Your bank or payment provider may impose additional terms, and you agree to comply with them.
5.6 Orders will be processed only upon successful payment confirmation. In case of payment failure, Earkart is under no obligation to process or deliver the order.
6. Product Warranty
6.1 Products purchased via the Website/App are covered under the applicable manufacturer’s warranty or Earkart’s warranty policy, as specified on the product page.
6.2 Details are available at: Warranty Policy.
6.3 Warranty claims must be submitted in accordance with the procedure outlined in the Warranty Policy.
6.4 Earkart shall not be liable for claims arising out of misuse, unauthorized repairs, or negligence by the Customer.
7. Return and Refund Policy
7.1 Returns, replacements, and refunds shall be governed by our Return & Refund Policy.
7.2 Customers must review eligibility conditions, timelines, and processes before initiating any request.
7.3 Products eligible for return/replacement must be unused, unaltered, and returned in original packaging with all tags, manuals, and accessories.
7.4 Certain categories may not be returnable due to hygiene, safety, or regulatory reasons.
7.5 Refunds, if approved, will be processed in the original mode of payment within the timelines mentioned. (Timelines may vary depending on your bank/payment provider.)
7.6 Earkart reserves the right to reject requests that do not comply with the policy or appear fraudulent/abusive.
8. Prohibited Use
8.1 You agree not to use the Website/App for any unlawful, unauthorized, or fraudulent purpose. Specifically, you shall not:
8.1.1 Upload or transmit viruses, malware, or destructive code.
8.1.2 Infringe upon intellectual property rights of Earkart or third parties.
8.1.3 Misuse the Website/App in any way that may impair its functionality or security.
8.2 Violation of these provisions may result in immediate suspension/termination of access, along with initiation of appropriate legal action.
9. Third-Party Links, Content, and Services
9.1 The Website/App may contain links to third-party websites, applications, tools, or services. These are provided solely for your convenience and do not imply any endorsement by Earkart.
9.2 We do not control, monitor, or assume responsibility for the content, terms of use, or practices of such third-party services.
9.3 Optional third-party tools or plug-ins may be made available. Use of such tools is entirely at your own risk.
9.4 Any third-party content uploaded or transmitted on the Website/App remains the sole responsibility of the provider.
10. Limitation of Liability
10.1 To the fullest extent permitted under Indian law, Earkart shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website/App or purchase of products.
10.2 Our liability, if any, shall be limited to the value of the product purchased by you.
11. Indemnity
11.1 You agree to indemnify, defend, and hold harmless Earkart, its affiliates, directors, officers, employees, and agents from any claims, damages, liabilities, or expenses arising out of:
11.1.1 Your use of the Website/App
11.1.2 Violation of these Terms
11.1.3 Infringement of any rights of a third party
12. Intellectual Property
12.1 All content on the Website/App (text, graphics, logos, product designs, software) is the exclusive property of Earkart or its licensors, and protected under applicable intellectual property laws.
12.2 You are granted a limited, non-exclusive, non-transferable license to access and use the Website/App for personal, non-commercial purposes.
13. Governing Law and Dispute Resolution
13.1 These Terms shall be governed by and construed in accordance with the laws of India.
13.2 Any dispute shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
14. Amendments and Notices
14.1 Earkart Limited reserves the right to update, modify, or revise these Terms at any time.
14.2 If changes are due to security, legal, or regulatory reasons, they shall take immediate effect upon publication.
14.3 For other material changes, notice may be provided via the Website/App or other reasonable means.
14.4 Continued use of the Website/App after updates shall constitute acceptance. Customers are encouraged to review Terms periodically.