Ordered 3-seater Maxwell Power Recliner (HSN Code[protected] from Evok Ahmedabad store on 31/01/2019. Invoice that was emailed to me following payment was missing the T&C at the back. Item was delivered to me 10/02/2019. People who set up recliner gave me the “Store Copy” of invoice after installation. When I later read it, I realised that it did have the T&C at the back. The Store Copy of invoice included clause which said that the product would be exchanged within 14 days but only if “uninstalled”. How was I meant to know about this before installation if the installers only gave me a copy of the T&C AFTER the installation? When I looked closely at the other T&C, realised how ridiculous they were – a court would no doubt find these to be “unfair contract terms”. Not sure how Evok has got away with such unfair contract terms??? (but I guess this is commonplace in country like India?)
Coming back to item, I quickly realised that the recliner extremely uncomfortable and gave anyone who sat on it terrible back-ache within minutes of sitting on it. Tried calling various numbers on invoice – all inoperational. Contacted Ahmedabad store and service manager Mr Manish – sent round technician but informed me he could not do anything further and to send email to Evok Customer Care [protected]@evok.in. Emailed Evok Customer Care this several times in Feb & March 2019, and each time received ridiculous responses from Evok Customer Care, including “Our Terms and Conditions are also mentioned on flip side of invoice wherein we have announced inability to accept return once a Furniture is installed and used.” Then they just stopped responding when I pointed out on 02/03/2019 that “Perhaps you are not legally trained, so you may not be aware that your Terms and Conditions "mentioned on flip side of invoice" amount to UNFAIR CONTRACT TERMS. Even worse for you is that the customer is presented such Terms and Conditions only AFTER THE INSTALLATION. As such, your Terms and Conditions would fail to be upheld by a court of law. Selling hazardous goods that cause personal injury is a breach of law. To the extent not already done, I would request that you urgently refer this matter to your legal team as it is becoming of grave concern for Evok/HSIL.”
Please can Legal Team respond to me and issue me full refund for this hazardous item that is causing personal injury. Was this information helpful? |
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