Booking, Cancellation & Refund Policy

Marlin Motocorp Pvt Ltd is a private limited company established under Indian laws, with its registered office located at NO 43, OPP SAI GOLD PALACE D.V.G.ROAD, Basavanagudi, Bengaluru, Karnataka 560004, India, and its Corporate Identification Number (CIN) is U34300KA2019PTC126001 (hereafter referred to as “Marlin Motocorp,” “We,” “Our,” or “Us”). We provide customers (hereafter referred to as “Customer,” “You,” or “Your”) with the opportunity to book Marlin Motocorp branded electric two-wheeled Retro Fitments (“Retro Fitment”) either directly or through our authorized retail partners (“Retail Partner”), in accordance with these Marlin Motocorp Booking Terms (“Terms”).  

Please ensure you read and comprehend these Terms thoroughly. If you do not accept these Terms or if you are not legally capable under applicable laws to enter into such Terms, please refrain from proceeding with the Booking. By accepting these Terms in any manner, you agree to comply with relevant policies posted by Marlin Motocorp on its website, which may be updated from time to time. 

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1. Booking  

• When you submit a Booking, you indicate your desire to acquire the Retro Fitment and agree to pay a specified amount  to complete the Booking. If you are making the payment using a credit or debit card, it is advisable to inquire about any charges or fees associated with the card from your respective card issuer (bank).  

 

• The credit/debit card details provided during the payment process are handled by the payment gateway of the service provider and are not disclosed to Marlin Motocorp or its Retail Partner.It is your responsibility to ensure the accuracy of the information entered in the relevant fields. We recommend that you keep a copy of the transaction for your records, as it may be helpful for resolving any disputes that could arise from this payment.  

 

• You agree, understand and confirm that Your personal data, including without limitation, details relating to debit card/credit card/net banking transmitted over the internet may be susceptible to misuse, hacking, theft and/ or fraud and that Marlin Motocorp or its Retail Partner or the payment service provider(s) have no control over such matters.

• A booking amount of Rs 999 (Rupees nine hundred ninety-nine only) and an advance amount of Rs 5000 (Rupees five thousand only) are collected as part of the booking and advance payment for the retro fitment kit. The Rs 5000 (Rupees five thousand only) is also considered a crowdfunding contribution from the public or anyone who believes in and supports the highlighted project.

• This crowdfunding contribution is intended to help with the project’s development. However, it is important for contributors to understand and accept that this amount carries a risk factor. The Rs 5000 (Rupees five thousand only) will be utilized exclusively for developmental purposes, supporting the project's growth and progress.

• To ensure transparency, regular updates on the project's development and progress will be shared with the public in a timely manner. This will enable supporters and stakeholders to stay informed about the project's advancements.

• Payments for the Booking must be made through the payment gateway service provider on a secure website. However, neither the payment gateway service provider nor Marlin Motocorp and its Retail Partner can guarantee that the information provided online by you is safe from being read or intercepted by unauthorized third parties. Marlin Motocorp and its Retail Partner disclaim any responsibility for unauthorized interception, hacking, or other unauthorized access to the information you provide during the payment process.

 

• In the event that the payment is made via cheque, you must ensure that the cheque payable to Marlin Motocorp or the Retail Partner is honored. You acknowledge that if the cheque is returned unpaid, you will be accountable under relevant laws, including but not limited to the Negotiable Instruments Act, 1881, as modified over time. In such instances, Marlin Motocorp or the Retail Partner has the right to initiate legal action against you under applicable laws.

 

2. Retro Fitment Purchase  

• The Amount which shall be payable by You towards the Booking is fully refundable and shall be treated as a non-interest-bearing security deposit amount which shall be adjusted against the full payment which shall include RTO charges, insurance, taxes as applicable and government subsidy if any (“Final Price”), to be made by You at the time of purchase of the Retro Fitment. The Parties hereby acknowledge that the price of the Retro Fitment Kit is dependent on many factors and is subject to change from time to time. The Final Price as quoted shall be inclusive of all applicable taxes. 

• Marlin Motocorp or its Retail Partner shall intimate You when the Retro Fitment is ready for delivery by raising a demand of the balance amount of the Retro Fitment in the form of an intimation email to You (“Intimation”) and You shall be required to pay the balance amount of the Retro Fitment as per the timeline (“Timeline”) as communicated by Marlin Motocorp in such Intimation. In case of failure on Your part to complete the payment within such Timeline, Marlin Motocorp or its Retail Partner reserves the right to sell the booked Retro Fitment to any other customer and refund the Amount.

• Notwithstanding anything contained in these Terms, it is hereby clarified that the Final Price of the Retro Fitment shall be the price applicable on the date of Intimation and not the price that is prevailing at the time of acceptance of these Terms.

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3. Delivery Schedule  ​

• Marlin Motocorp or our Retail Partner may provide an estimated time frame for the delivery of the Retro Fitment and will exert all reasonable efforts to deliver it within this timeframe, as indicated on Marlin Motocorp's website or communicated by Marlin Motocorp or its Retail Partner when these Terms were accepted. Any adjustments or delays in the delivery schedule will be conveyed to you by us or our Retail Partner, as applicable. We or the Retail Partner will not be liable for any claims, damages, losses, costs, or expenses that you may incur due to any delays in the delivery of the Retro Fitment for any reason. The parties agree that timing is not critical in these Terms. If you cannot accept delivery within the established timeframe, your booked Retro Fitment may be made available for sale to other customers. The Retro Fitment will be delivered to you only after all formalities are completed and the Final Price of the Retro Fitment has been received.

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4. Cancellation/Refund Policy​

• You have the option to cancel the Booking at any time before completing the full payment of the Final Price for the Retro Fitment. We or our Retail Partner have the right to unilaterally cancel your Booking at any moment without prior notice. For clarity, it is emphasized that we or the Retail Partner may cancel your Booking for various reasons, including but not limited to the following:

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If we or our Retail Partner choose not to sell the Retro Fitment in your city or location; or  If we or our Retail Partner decide to stop offering the Retro Fitment feature after you’ve made your Booking; or  

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If we or our Retail Partner suspect that the Booking was made for resale of the Retro Fitment, as part of any business or commercial activity, or that it was made in bad faith; or  

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If you fail to purchase the Retro Fitment/pay the Final Price and do not cancel the Booking within 150 (one hundred and fifty) days from when the Booking was made.  

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Once you have completed full payment for your Retro Fitment, cancellation of your purchase or claiming a refund of the purchase amount (including Amount) will no longer be possible.  

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• Marlin Motocorp or its Retail Partner will strive to process any refund of the Amount to you within fifteen (15) working days from (i) the date we receive your cancellation request (if you cancel) or (ii) the date we notify you of the cancellation (if canceled by Marlin Motocorp/ Retail Partner).  

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• In the event that you or Marlin Motocorp or its Retail Partner cancel the Booking due to a breach of these Terms by you, and where the Retro Fitment charging equipment has already been installed as per these Terms, no refund of the Amount will be provided. 

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• At their discretion, Marlin Motocorp or its Retail Partner may offset the Amount against the invoice for such charging equipment installation, and you will be responsible for any outstanding balance post-offset, if applicable.  

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5. Assignment or Transfer  ​

• The Booking is specifically for the sale of Retro Fitment to you, and you may not transfer or assign any associated rights under these Terms to any third party. Marlin Motocorp and its Retail Partner reserve the right to assign any or all of their rights and obligations under these Terms to any of their affiliated entities without requiring your prior written consent.  

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6. Inspection  ​

• After Booking, Marlin Motocorp, its Retail Partner, or authorized representatives may carry out an inspection at the location you provided for the installation of the Retro Fitment charging equipment if you specifically request it. The installation of the Retro Fitment charging equipment may incur additional costs, which will be assessed by Marlin Motocorp or its Retail Partner and communicated to you during the inspection or at the time of installation. You are responsible for obtaining all necessary permissions, permits, and any other requirements as per applicable law, including those under apartment association bylaws or housing society rules, for the installation of the Retro Fitment charging equipment at that location.  

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7. Collection of Information  ​

• Marlin Motocorp or its Retail Partner may need specific information and documents from you to process your Booking, adhere to statutory requirements, or conduct a site inspection for the installation of the Retro Fitment. You guarantee that all such information and documents will be truthful, complete, and accurate. You will promptly inform us or our Retail Partner of any changes to the information you provided, allowing us or our Retail Partner to update our records accordingly. All collection, storage, usage, and disclosure of any information shared by you and/or a third party will comply with our Privacy Policy available at https://www.marlinmotocorp.com/privacypolicy.

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• Marlin Motocorp’s Privacy Policy is referenced and will be included as part of these Terms in the version available on its website or as otherwise communicated to you.  

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8. Purchase Terms  ​

• These Terms pertain exclusively to the Booking of the Retro Fitment. You understand that the purchase of the Retro Fitment will be governed by terms and conditions provided by Marlin Motocorp. You will need to consent to these Purchase Terms before making the full payment for the Retro Fitment.  

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9. Limitation of Liability  ​

• If there is a failure in delivery according to the communicated Delivery Schedule, Marlin Motocorp or its Retail Partner’s liability will be limited to the Amount. They shall not be responsible for any indirect, special, incidental, or consequential damages resulting from or related to these Terms. Your only remedy and our or the Retail Partner’s overall liability for any breach of these Terms will be capped at a refund of the Amount only.  

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10. Disclaimer  ​

• The Retro Fitment will largely resemble the Retro Fitment showcased or promoted in marketing campaigns. However, due to our continuous efforts to innovate and enhance our products, Marlin Motocorp retains the right to modify or change the specifications, features, and/or design of the Retro Fitment without prior notice or any liability. 

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11. Miscellaneous  ​

• You agree to receive communications, including but not limited to email updates/newsletters (promotional and marketing emails), WhatsApp messages, mobile SMS, phone calls, etc., from Marlin Motocorp or its Retail Partner periodically. You further waive any Do Not Call (DNC) or Do Not Disturb (DND) registrations on your mobile numbers for the purpose of these promotional/marketing communications.  

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• Marlin Motocorp or its Retail Partner shall not be held liable for any failure or delay in fulfilling any obligations under these Terms, in whole or in part, or for any losses experienced by the other Party due to such failure or delay, if such circumstances are directly due to a Force Majeure Event. A force majeure event includes civil disturbance, sabotage, strikes, labor unrest, fire, flooding, earthquakes, any acts of God, explosions, outbreaks of communicable diseases, epidemics, pandemics, war, actions of public enemies, quarantine mandates, any actions by Government authorities, lack of standard communication or transportation means, or any other cause, whether similar or different in nature, that is unavoidable or beyond the control of Marlin Motocorp or its Retail Partner (referred to as a "Force Majeure Event"). 

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• Previous agreements, verbal assurances, negotiations, communications, or representations regarding the Retro Fitment are replaced by these Terms. Terms related to the Booking not explicitly included here are not enforceable.  

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• If any provision of these Terms is determined to be invalid or unenforceable, the legality and enforceability of the remaining provisions will not be affected. Nevertheless, the Parties will negotiate in good faith to establish a mutually acceptable provision to replace the one found to be void, illegal, or unenforceable.

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• These Terms will be governed by and interpreted according to the laws of India. The Parties agree to the exclusive jurisdiction of the Courts in Bengaluru, Karnataka.

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• Nothing in these Terms shall be construed as establishing or implying any partnership or joint venture arrangement between the Parties, nor shall it be deemed to constitute either of the Parties as the agent of the other Party and no employment or any other relationship shall be construed or created between the Parties.

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• Except as expressly provided herein, the rights, powers and remedies provided in these Terms are cumulative and not exclusive of any rights, powers and remedies provided by Law.

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• Marlin Motocorp or its Retail Partner currently deliver the Retro Fitment only in the territories where Marlin Motocorp offers its products and services.