Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this Website and they replace all other conditions, except with Our express, prior written agreement. You agree that, by placing Your order, You unreservedly accept these Terms, having read them.
You agree that:
- 1. You may only use the Website to make legitimate enquiries or orders.
- 2. You will not make any speculative, false or fraudulent orders. If We are reasonably of the opinion that such an order has been made, We shall be entitled to cancel the order and inform the relevant authorities.
- 3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Us and acknowledge that We may use these details to contact You in the event that this should prove necessary (see our Privacy Statement).
- 4. If You do not give Us all of the information that We need, We may not be able to complete Your order.
Any User who is above eighteen (18) years of age, transacting in legally acceptable currency and competent to enter into a valid contract shall be eligible to visit, use, access, deal and / or transact at the Website. By placing an order through the Website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts. If You are not competent to enter into valid contract then You are prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing and/or transaction at the Website shall be treated as Your representation that You are competent to enter into valid legal contracts as defined under the Indian Contract Act, 1872.
This Website is designed for and intended for use by adults. If You are under 18, You may use this Website only with involvement of a parent or guardian. If You are a parent or legal guardian, You must monitor and supervise the use of this Website by children, minors and others under Your care. You agree to be responsible for their use of this Website.
5. YOUR ACCOUNT AND REGISTRATION OBLIGATION
If You use this Website and such use requires setting up an account and/or password(s), You are solely responsible for maintaining the confidentiality of Your account and password(s) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. If You register on the Website, You agree that any information You provide to Us will be true, current, accurate and complete. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Us or another party due to someone else using Your account and/or password either with or without Your knowledge. You agree to notify the Company immediately of any unauthorized use of Your account and/or password(s), or other breach of security.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We may use Your personal information to initiate any promotional phone calls or SMS.
6. ACCESS TO WWW.IN.SUNGLASSHUT.COM
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
7. LICENSE AND SITE ACCESS
We grant You a limited license to make personal use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any of Ours trademarks or respective owners / licensors trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.
While We strives to keep the information relating to the various Products offered on this Website accurate, complete and up to date. We, including our subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, service providers and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information provided on the Website.
We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Website, or web sites linking to this Website.
9. YOUR CONDUCT
a) You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not We, are responsible for all electronic communications and content sent from Your computer to Us and You must use the Website for lawful purposes only. You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; gambling, ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our ISP or other suppliers / service providers.
- to cause annoyance, inconvenience or needless anxiety
b) You shall not gain or try to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
c) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
d) You shall not or attempt to probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
e) You shall not post any Content which contains software viruses or any other compute code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, dimmish value of, surreptitiously intercept or expropriate any system, data or personal information.
10. INFORMATION YOU SUBMIT TO US.
From time to time We may make available on this Website the Virtual Mirror try-on tool, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, We welcome Your participation and/or comments regarding our merchandise and services, including our Website. However, any personal photos, notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Us must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights (including right of privacy, intellectual property rights, right of publicity etc.) of any third parties and must not include any profanity, obscene, indecent, pornographic, paedophilic, hateful, racially or ethnically objectionable, disparaging, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Us will become, upon Your submission, the sole and exclusive property of Ours and We shall be and are entitled to use any kind and nature of material which You submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, You are agreeing and You do agree that We have the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to You. As a result, We must ask that You do not send Us any original creative materials such as stories, product ideas, catalogue ideas, or original artwork. However, if You choose to do so, You are forever assigning all rights in such original creative materials to Us. By submitting any materials of any kind to Us, You represent and warrant that You hold all necessary right, title and license to such materials and that Your submission of such materials to Us does not and will not violate or infringe the rights of any third parties.
We have no obligation to monitor the Virtual Mirror try-on tool, bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, We reserves the right at all times and in Our sole and absolute discretion, to disclose any information deemed by Us necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with the Virtual Mirror try-on tool, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may view Your personal photos and read Your communications without Your knowledge. You should always use caution when providing any personal information about yourself or Your children. We do not control or endorse the content, messages or information found in the Virtual Mirror try-on tool, any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from Your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Ours.
11. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this Website do not constitute an offer for sale but rather an invitation to offer and it shall not be construed as Ours acceptance of Your offer to buy the product(s) ordered. No contract in respect of any products shall exist between You and Us until Your order has been accepted by Us. If We do not accept Your offer and funds have already been deducted from Your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, You will receive an e-mail / SMS from Us acknowledging that We have received Your order (the "Order Confirmation"). Please note that this does not mean that Your order has been accepted, as Your order constitutes Your offer to Us to buy one or more products from Us. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail / SMS that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between Us (Contract) will only be formed when We send You the Shipment Confirmation.
The Contract will relate only to those products whose dispatch We have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of Your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
12. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, We reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, We will refund any monies that You might have paid.
13. REFUSAL OF ORDER
We may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. Whilst We will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that We may need to refuse to process an order after We have sent You an Order Confirmation, which We reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an order after We have sent You the Order Confirmation. We may also impose limits on certain features and services and/or restrict Your access to parts and/or all of the services without notice and/or liability to You.
14. YOUR RIGHTS TO CANCEL "Cooling Off"
If You are contracting as a consumer, You may cancel a Contract at any time within 24 hours from the time You have made the payment. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 22).
This provision does not affect Your statutory rights as a consumer.
Subject to availability, (see Clause 12 above), and unless there are any exceptional circumstances, We will make an endeavour to fulfil Your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order confirmation.
Reasons for delay could include:
a) Customization of products;
b) Specialized items;
c) Unforeseen circumstances; or
d) Delivery area;
If for any reason whatsoever, We cannot meet the delivery date, You will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that We do not deliver on Saturdays or Sundays or Public Holidays.
For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the Products shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
16. UNABLE TO DELIVER
If We are unable to deliver the Products after two attempts, We will try to find a safe secure place to leave Your parcel. We will leave a note explaining where Your parcel is and how You can rearrange delivery. If You are not going to be at the delivery location at the time agreed, please contact Us to rearrange delivery for another mutually convenient day.
17. RISK AND TITLE
The Products will be at Your risk from the time of delivery i.e. when the Products are handed over to courier agency or delivery partner.
Ownership of the products will only pass to You when We receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 15 above), whichever is the later.
Account creation on the Website is free for You. We do not charge any fee for browsing and buying on the Website. We reserves the right to change our Fee Policy from time to time. In particular, We may at Our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company.
19. PRICE AND PAYMENT
While We take care to ensure that all prices quoted on our Website are accurate, errors may occur. If We discover an error in the price of any product(s) You have ordered, We will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If We are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after We have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.
The prices displayed on our Website include applicable Goods & Service Tax as well as delivery costs.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set above in Clauses 20, changes will not affect orders in respect of which We have already sent an Order Confirmation.
We reserve the right to refuse to process Your transaction(s) where You have a prior history of questionable charges including without limitation breach of any agreements by You with Us or breach/violation of any law or any charges imposed by the issuing bank or breach of any of Ours policy.
Once You have finished shopping all the items You wish to purchase are added to Your basket. Your next step will be to go through the checkout process and make payment. To do this:
a) Click the "Add to Bag" button at the top of the page.
b) Click on the "Checkout" button.
c) Fill-in or check Your contact details, the details of Your order, the delivery address and the invoicing address.
d) Fill in Your credit card details.
e) Click "Authorize payment"
Payment can be made by Visa, MasterCard, Affinity Card, PayPal and American Express ('Card(s)'). We use «VERISIGN certification through CC Avenue» to ensure payment is made safely and Your Card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time the order is made. By clicking “BUY NOW” You are confirming that the Card is yours. The amount authorized by You will not be taken until Your order is dispatched for delivery.
Cards are subject to validation checks and authorization by Your Card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery.
20. GOODS & SERVICE TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Goods and Service Tax (GST) as per applicable GST rates.
21. COMPLIANCE WITH LAWS:
a) As required by applicable law, if You makes a purchase of an amount equal to or above INR 2 00 000.00, You will be required to upload a scanned copy of Your PAN card on the Website, within 24 hours of making the purchase, failing which, the purchase made by You will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by You, it need not be submitted again. Your order shall stand cancelled if there is a discrepancy between Your name and the name on the PAN Card.
b) You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to You respectively for using Payment Facility and the Website.
22. RETURNS POLICY
Statutory Rights: You have 24 hours (from the time You have made payment) to cancel the order for Products You have ordered. Upon cancellation of Your order, We will process Your refund as soon as possible (and in any case, within 3 working days of giving Us notice of cancellation). We will refund any money received from You using the same method used to make payment.
General policy: We will accept products, only for Returns for credit in wallet, that are in new condition, Unused, Unworn, Unaltered and free of scratches/damages.
- For Returns thru website for Wallet Credit, you may book your request for return on the website for credit in wallet . We will organise to collect products from you and after completion of verification process within 14 working days, we will credit the amount (equal to the amount you paid towards the purchase of underlying product/s) in your wallet which can be used to buy any another product/s from this website.
We will only credit amount in your wallet and therefore will not provide any refund under any circumstances.
Product can’t be returned after 14 days of delivery of original order.
You should use or include with the product being returned for credit in wallet , all Sunglass Hut tags still attached and must be in their original packaging such boxes, bags, wrappings, manuals, accessories, and any other documents such as invoice.
You should be aware that You are under an obligation to take reasonable care of the product(s) whilst they are in Your possession. This means including all of the product(s) instructions, manuals, accessories, tags, documents and wrappings when returning the product(s) in the same condition as received. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against You for breach of statutory duty.
In circumstances where You consider that the product does not confirm to the Contract at the time of delivery, You should promptly contact Us via our Contact details available at website with details of the product and its damage.
Upon receipt of the product, We will fully examine it and notify You of Your right to credit in wallet (if any) via e-mail within a reasonable period of time. We aim to process the credit in wallet as soon as possible and, in any case, within 14 working days of the day we pick-up product from your place.
THE PROVISIONS SET OUT IN THIS CLAUSE 22 DOES NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS AS PER THE TERMS OF THIS CONTRACT.
23. LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) For fraud or fraudulent misrepresentation;
c) For any matter for which it would be illegal or unlawful for Us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, We accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
a. loss of income or revenue;
b. loss of business;
c. loss of profits or contracts;
d. loss of anticipated savings;
e. loss of data; and
f. waste of management or office time.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information or leakage of information perpetrated through hacking of the Website, We do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
THIS WEBSITE AND ALL CONTENTS (INCLUDING PRODUCT DESCRIPTIONS, INFORMATION AND MATERIALS) OF THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL.
THE FOREGOING DISCLAIMERS APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS WEBSITE AND/OR ITS CONTENTS. BY USING THIS WEBSITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS WEBSITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO LAW WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND.
Nothing in this Clause will affect Your statutory rights as a consumer, or Your Contract cancellation rights.
IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OURS, OUR PARENT, SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT YOU PAID TO US.
24. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or in Our licensors. You are permitted to use this material only as expressly authorized by Us or Our licensors. This does not prevent You using this Website to the extent necessary to make a copy of any order or Contract details.
Images of people, places, and/or products posted on this Website are either Our property or are used herein with express permission of the Image owners or Licensors. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips, and written and other materials, is Our property or Our suppliers, partners, or affiliates and is protected by copyright laws. The compilation of this Website is the exclusive property of Ours and is protected by copyright laws. Any unauthorized use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorization of Ours. For further information on how You may obtain authorization to use any materials or content on this Website, please contact Us at the "Contact Us" section of this Website.
All trademarks, trade dress and service marks and their respective designs and/or logos on this Website are trademarks or registered trademarks of Ours or respective brand owners / brand licensors. We and / or our licensor’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without Our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Ours or Our licensors, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. All other trademarks, registered trademarks, product names and company names or logos used in this Website are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of Ours or Our licensors, affiliates, nor may You place any meta tags or any other "hidden text" utilizing Ours, Our licensors, affiliate's names, trademarks, or product names without our express written consent.
You agree to fully indemnify Us, our shareholders, officers, directors, employees, agents, vendors, licensors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, or penalty imposed due to or resulting from Your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of Your postings or communications in any forums or facilities on the Website, or for infringement or violation of any third-party rights or violation of applicable laws.
26. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to You should be in writing. When using our site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
All notices given by You to Us should be given to Us via our Contact details available at website. Subject to and as otherwise specified in clause 15 above, We may give notice to You at either the e-mail / SMS or postal address You provide to Us when placing an order.
Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
28. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and Us is binding on You and Us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect Your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by Us to You, whether express or implied.
29. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of any of Our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.
g) Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
32. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between You and Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing.
Both You and Us acknowledge that, in entering into this Contract, neither You nor Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and Us prior to such Contract except as expressly stated in these Terms.
Neither You nor Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
33. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from Us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
34. LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Indian Laws.
Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the Delhi courts.
If You are contracting as a consumer, nothing in this clause will affect Your statutory rights as such.
We welcome Your comments and feedback. Please send all feedback and comments to Us via Our Contact details available at website. Alternatively, you may contact us at
Rod Retail Private Ltd.
204, Ground/First Floor, Okhla Industrial Estate, Phase III, New Delhi-110 020
Email : email@example.com
Mobile : 9311404448
36. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the contact details of the Grievance Officer are provided below:
The Grievance Officer)
Rod Retail Pvt Ltd
204, Ground/First Floor, Okhla Industrial Estate, Phase III, New Delhi-110 020
Mobile : 9311404448