Terms of service

Effective Date: 2/11/2025

 

Welcome & scope. Welcome to the official website of PowerSurge Supplements (the “Website”), owned and operated by Phoenix BTS (“PowerSurge,” “we,” “us,” or “our”). These Terms & Conditions (“Terms,” “Agreement” or “User Agreement”) govern your access to and use of the Website and any purchases you make through the Website. By accessing, browsing, or placing an order you confirm you have read, understood and agree to be bound by these Terms. If you do not agree, please do not use the Website.

 

Contact. For queries or complaints: general enquiries / business / collaborations — hello@powersurgesupplements.com. Customer support (returns, refunds, shipping, help) — support@powersurgesupplements.com.

 

1. Acceptance and updates. These Terms form a legally binding agreement between you and PowerSurge in relation to your use of the Website, purchases, and related services. We may update or revise these Terms at any time; revised Terms take effect immediately upon posting. It is your responsibility to review them periodically — continued use after changes constitutes acceptance.

 

2. Eligibility. The Website is available only to persons who can form legally binding contracts under applicable law. Minors and persons incompetent to contract under the Indian Contract Act, 1872 are not eligible. If you transact on behalf of a business, you represent you have authority to bind that entity to these Terms.

 

3. Intellectual property. All content on the Website — text, images, graphics, logos, designs, software and other materials — are owned by or licensed to PowerSurge and protected by intellectual property laws. You may view, download and print Content for personal, non-commercial use only and must retain all copyright and proprietary notices. Any other use (reproduction, modification, distribution, commercial exploitation) requires our prior written permission.

 

4. Accuracy of content & product information. We make commercially reasonable efforts to ensure product descriptions, prices and images are accurate. However typographical errors, inaccuracies or omissions may occur. Product specifications, packaging and colors are approximations and may vary. Product listings are an invitation to offer; your order is an offer and acceptance occurs only upon dispatch.

 

5. Orders, acceptance & cancellation. After placing an order you will receive an acknowledgement — this does not constitute acceptance. Acceptance is effective only upon dispatch. We may cancel orders for stock unavailability, pricing errors, suspected fraud or authorization issues; refunded amounts will follow our Refund Policy. You may request cancellation within 24 hours of placing an order provided the order has not been dispatched by emailing support@powersurgesupplements.com; we reserve the right to accept or reject cancellation requests. Bulk orders, suspected resale orders, or irregular activity may be restricted or cancelled and promo codes/rewards used on such orders may not be refunded.

 

6. Pricing, tax & payment. Prices are displayed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise; shipping/handling or special packaging fees will be shown at checkout. In case of pricing errors, we may cancel the order and refund any amounts charged or contact you to confirm purchase at a corrected price. Payment processing is handled by third-party gateways — we do not collect or store full payment card details. By placing an order you represent you are authorized to use the chosen payment method. COD orders may attract additional service charges and may not be available for all pin codes.

 

7. Delivery & shipping. Delivery timelines are estimates and may be affected by courier delays, weather, strikes or other events beyond our control. Shipping charges, free-shipping thresholds and courier partners will be displayed at checkout. If you receive an order with damaged packaging or tampering, refuse delivery and notify support@powersurgesupplements.com immediately with photos and an unboxing video if available. Title and risk in the product pass to you upon delivery and we are not responsible for delays after courier pickup.

 

8. Returns, refunds & replacements. Our Returns & Refund Policy forms part of these Terms — please review it on the Website for details about eligibility, timelines and procedure. Claims for damaged, incorrect or missing items must be submitted to support@powersurgesupplements.com within 48 hours of delivery and supported by photos and an unboxing video where possible. Refund timelines and methods depend on payment method used: prepaid refunds go back to the original payment source; COD refunds may require bank account details.

 

9. Promotions, coupons & loyalty. Promotional offers, coupon codes and loyalty programs are subject to separate terms and may be limited to selected products, categories or time windows. Promo codes, once used, may not be reissued on cancellation unless explicitly stated. PowerSurge reserves the right to modify or withdraw promotions at any time without notice.

 

10. User conduct & prohibited activities. You agree to use the Website lawfully and in accordance with these Terms. Prohibited conduct includes: posting unlawful, abusive, defamatory, obscene or otherwise objectionable content; impersonation or misrepresentation; uploading viruses or harmful code; interfering with Website operations; using automated scraping tools without consent; or using the Website for commercial resale without written permission. We may remove or disable content that violates these Terms and may terminate accounts or access for repeat or severe violations.

 

11. User content, reviews & license to use. By submitting reviews, comments, images, videos or other content (“User Content”), you grant PowerSurge a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any media. You warrant you own or have rights to submit such content and that it does not infringe third-party rights. We are not required to keep User Content confidential and may use or remove it at our discretion.

 

12. Privacy & data protection. Our Privacy Policy (available on the Website) governs the collection, use, storage and disclosure of your personal information and is incorporated into these Terms. By using the Website you consent to the collection and processing of your personal data as described in the Privacy Policy. We use industry-standard security measures (SSL, secure servers) and trusted third parties for payments and analytics, but cannot guarantee absolute security against unauthorized third-party access.

 

13. Third-party links & content. The Website may link to third-party websites or resources for convenience. These links do not imply endorsement and we are not responsible for third-party content, goods, services or practices. Any interaction with third parties is solely between you and that third party.

 

14. Disclaimers — no warranties. The Website and Content are provided “as is” and “as available” without warranties of any kind. To the fullest extent permitted by law, PowerSurge disclaims implied warranties including merchantability, fitness for a particular purpose, title, non-infringement or accuracy. We do not warrant uninterrupted, error-free access or that the Website will be free from viruses or harmful components.

 

15. Limitation of liability. To the maximum extent permitted by law, PowerSurge and its affiliates, officers, directors, employees, agents and suppliers shall not be liable for indirect, incidental, special, consequential or punitive damages, loss of profits, revenue, data or goodwill arising out of or in connection with use of the Website, products, or these Terms even if advised of the possibility of such damages. Our aggregate liability for claims arising from your use of the Website or products shall be limited to the total amount actually paid by you for the product(s) in the relevant order.

 

16. Indemnity. You agree to indemnify, defend and hold harmless PowerSurge, Phoenix BTS and their officers, directors, agents, employees and affiliates from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, violation of law or third-party rights, your User Content, or misuse of the Website. This indemnity survives termination.

 

17. Termination. We may suspend or terminate your access to the Website at any time, with or without cause or notice, including for violation of these Terms. Upon termination, any licenses granted to you terminate and you must stop using any Content. Termination does not affect accrued rights or liabilities.

 

18. Governing law & dispute resolution. These Terms are governed by the laws of India. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India. (Optional arbitration clause: disputes may alternatively be referred to arbitration in Pune under the Arbitration and Conciliation Act, 1996 by a sole mutually appointed arbitrator — remove or modify this clause if you prefer court-only resolution.)

 

19. Communications & notices. By registering and using the Website you consent to receive communications electronically (email, SMS, push). Electronic communications constitute written notice. Notices to PowerSurge should be sent to: PowerSurge Supplements (Phoenix BTS), B 19, 20, Tirumala Industrial Estate, Near Hotel Shripad, At Post Pirangut, Taluka Mulshi, Pune, Maharashtra, India; Email: hello@powersurgesupplements.com.

 

20. Website security. You must not attempt to violate Website security — prohibited actions include accessing data not intended for you, probing for vulnerabilities, denial-of-service attacks, forging packets, or introducing malicious code. We will investigate security incidents and may cooperate with law enforcement.

 

21. Entire agreement & severability. These Terms together with incorporated policies (Refund & Cancellation Policy, Privacy Policy, Shipping Policy, etc.) constitute the entire agreement between you and PowerSurge regarding Website use. If any provision is held invalid or unenforceable, it will be replaced by a valid provision closely matching its intent and the remainder will remain in effect.

 

22. Miscellaneous. No waiver: failure to enforce a provision does not waive future enforcement. Assignment: we may assign our rights and obligations to any affiliate or third party; you may not assign your rights without our consent.

 

23. Health-related information & disclaimers. Health information, product usage guidelines or nutrition content on the Website are for informational purposes only and are not a substitute for professional medical advice. Consult a qualified healthcare practitioner before starting any supplement, especially if pregnant, nursing, under medical supervision, taking medications or having a medical condition. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease and individual results may vary.

 

24. Feedback, reviews & user suggestions. Any feedback, reviews or suggestions you submit to PowerSurge become our property and may be used without restriction or notice. We may moderate, remove or edit user reviews that violate these Terms.

 

25. Contact & grievance officer. For grievances, comments or questions regarding products or services contact our Grievance Officer: PowerSurge Supplements (Phoenix BTS), B 19, 20, Tirumala Industrial Estate, Near Hotel Shripad, At Post Pirangut, Taluka Mulshi, Pune, Maharashtra, India. Email: hello@powersurgesupplements.com. Customer support (returns / refunds / help): support@powersurgesupplements.com. Phone: +91 8591729611. We will make reasonable efforts to address and resolve grievances promptly.