Terms & Conditions
Effective Date: 24/08/2023
This document constitutes an electronic record under the Information Technology Act, 2000, and relevant rules, including the amended provisions related to electronic records in various statutes as modified by the Information Technology Act, 2000. This electronic record is created by a computer system and does not necessitate physical or digital signatures.
Welcome to Earthy by Ellenza!
This website, www.earthybyellenza.com (‘Website’), is owned by Ms. Nafisa Afnan under the Indian Companies Act, 2013 (“Company/We”), with its registered office at Earthy By Ellenza, Shop no. 104, 1st floor, Bharath Mall, Bejai, Mangalore – 575004.
These Terms refer to “you” or the “User,” representing the individual who accesses the Website, its content, and uses the provided services. On the other hand, “We,” “us,” and “our” pertain to “the Company.”
We hold the exclusive right to modify, amend, append, or eliminate sections of the Terms without prior written notice to you. It’s your responsibility to periodically review these Terms for any updates or changes.
Continuing to use the Website after changes are posted signifies your acceptance and agreement to the revised terms. Complying with these Terms grants you a personal, non-exclusive, non-transferable, limited privilege to access and utilize the Website.
2. YOUR ACCOUNT:
A registered account with a unique email ID and password combination might be necessary for users to access specific features or services on the Website. Your account details are personal and should not be shared with others. The Company cannot be held responsible for any harm arising from the disclosure, misappropriation, loss of funds, or information related to your account due to your authorization of another individual’s use.
Should you suspect unauthorized use of your account, you agree to inform us immediately. The issuance of passwords is individual, and any content or instructions transmitted using your password on the Website will be considered binding on you. You are solely responsible for all actions taken through your account, whether authorized or not. It’s essential to safeguard your password diligently, understanding that failing to do so could make you liable for transactions conducted on the Website.
If you’re using the Website on behalf of someone else, you assert that you possess the authority to bind them to the terms and conditions outlined herein. Should the person decline to be bound by these terms, you agree to accept liability for any harm resulting from wrongful use of the Website under such access.
By agreeing to these Terms, you confirm that you are either over 18 years of age or have obtained legal parental or guardian consent. You also affirm that you possess the competence to enter into these Terms, comply with their obligations, and adhere to the accompanying Policies.
3. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY:
The Website is provided in its current state, “As Is.” We do not make any express or implied representations or warranties regarding these terms and conditions or the Website. This includes, but is not limited to, warranties of merchantability, non-infringement, or fitness for a specific purpose, except where such warranties cannot be legally excluded.
You agree that, to the maximum extent allowed by applicable law, we will not be held responsible or liable under any circumstances, whether in contract, tort (including negligence), or otherwise, for:
(a) Business interruptions;
(b) Delays or interruptions in Website access;
(c) Data delivery issues, corruption, destruction, or modification;
(d) Loss or damages incurred due to off-website links on the Website;
(e) Computer viruses, system malfunctions, or failures during Website use, including third-party website hyperlinks;
(f) Content inaccuracies or omissions;
(g) Events beyond our reasonable control.
While extensive precautions are taken to ensure product safety, certain ingredients might cause allergies or adverse effects in some individuals. It is essential to review ingredient lists, usage instructions, and cautions accompanying each product to ensure safety. Your responsibility lies in seeking professional medical or dermatological advice if you have allergies or pre-existing conditions. The Company will not be held accountable for product-related issues, including allergic reactions or health problems resulting from product use. When making purchases through the online store, you will be subject to the limitations of liability and disclaimers provided in more detail through product packaging, leaflets, or Website information.
Furthermore, to the maximum extent permissible by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages (including lost profits) connected to the Website or its usage, regardless of the legal basis for the claim, whether in contract, tort (including negligence), or otherwise.
4. PRODUCTS, SERVICES & PRICING INFORMATION:
We strive to provide accurate descriptions and pricing for products on our Website, yet we cannot guarantee that product descriptions, color information, or other content will be completely accurate, complete, reliable, up-to-date, or error-free. The Website might contain typographical errors or inaccuracies, and its content may not be comprehensive or current. Product images are indicative and may not perfectly match the actual product.
We maintain the right to correct, modify, or update information, errors, inaccuracies, or omissions at any time, even after an order has been placed, without prior notice. Please be aware that these errors, inaccuracies, or omissions might extend to pricing and product availability.
The price of a product cannot be confirmed until an order is placed. Subject to the conditions specified in our Cancellation, Refunds, and Returns Policy, if a product or service is listed with incorrect pricing or information due to technical errors, the Company reserves the right to refuse or cancel orders for that product or service. This is applicable unless the product has already been delivered or the service has already been
utilized by you. If an item is inaccurately priced, the Company may contact you for instructions or cancel your order and inform you accordingly. If your order has not been fulfilled or services haven’t been utilized, the Company can modify the product/service price, inform you via email, and proceed with payment processing. Payment processing may occur prior to the product’s dispatch. If the Company has to cancel an order after payment processing, the corresponding amount will be refunded.
Prices and availability of products/services on the Website may change without prior notice, at the Company’s sole discretion. We reserve the right to revise or cease offering any product/service at any time. If we’re unable to deliver a product on time or at all, you’ll receive an email notification, and your order will be automatically canceled due to product unavailability or your instructions stemming from a failure to meet expected delivery time. The Company will not be held liable for damages resulting from order cancellations or delivery delays.
5. MODES OF PAYMENT:
To purchase products from the Website, you can make payments using the following methods:
– Credit Cards
– Debit Cards
– Net Banking
– UPI (Unified Payments Interface)
– e-Gift cards
– Reward points
For swift order processing, we recommend using instant payment options such as Credit Cards, Debit Cards, UPI, and Net Banking.
Please note that Cash On Delivery (COD) might not be available for all products and in all jurisdictions. The Company holds the exclusive right to determine which products and jurisdictions are eligible for cash-on-delivery payment options.
6. OUR RIGHTS & OBLIGATIONS:
- We hold the exclusive right to alter, modify, include, or remove sections of these Terms at our sole discretion, without any prior written notice to you.
- In situations where we believe, based on our sole and absolute discretion, that you have breached, violated, abused, or manipulated any term of these Terms or any of the Policies, or acted unethically, we reserve the right to suspend or terminate your access to the Website. Please note that these Terms will remain in effect indefinitely unless terminated by us.
- We retain the authority to reclaim any username for reasons we consider appropriate to safeguard our interests or the interests of other users.
- Our decision to not take action against a breach of these Terms on a particular occasion will not prevent us from taking action against the same or another subsequent breach at any other time.
- The Company shall not be held liable for non-compliance with its obligations due to circumstances such as weather conditions, natural disasters, strikes, war, political unrest, and other events classified as Force Majeure, including disruptions in internet/telephone systems.
- Additionally, the Company will not be accountable for any loss or damage resulting from discontinuation of the Website or its services due to compliance with legal requirements, governmental orders, regulations, or circumstances beyond our control.
- For clarification on these Terms, please contact us at: firstname.lastname@example.org. The Company will not be responsible for any misunderstanding or misconstruction of the Terms mentioned herein by you.
- None of the provisions in these Terms shall be construed as creating a partnership or agency between users and the Company; users do not possess the authority to bind the Company in any way.
- The Company assumes no responsibility for errors or omissions, whether from itself or third parties.
7. INTELLECTUAL PROPERTY RIGHTS:
All information and content accessible on the website, along with its distinctive “look and feel,” which includes trademarks, logos, service marks, text, graphics, button icons, images, audio clips, photographs, videos, visuals, data compilations, and software, as well as the arrangement and organization thereof (collectively referred to as the “Content”), is the proprietary property of the Company. This Content is safeguarded by Indian laws, including those governing various forms of intellectual property.
Unless covered by the limited licenses detailed in these terms or mandated by applicable law, the Content or any part of this website must not be utilized, replicated, duplicated, sold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our explicit, prior written consent.
8. LIMITED LICENSE:
The Company maintains the right to terminate your license to use the Website, block your access, and prevent your future access to the Website at any time, without prior notice, and solely at its discretion.
9. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS:
10. THIRD PARTY LINKS:
Our Website might contain links to third-party services, giving you the option to access such third-party websites, apps, products, and services. It’s important to be aware that using such third-party websites or services is done at your own risk, and the Company will not be held accountable for any consequences or harm resulting from your interaction with these third-party resources.
Please note that the links provided on our website are solely for convenience and do not constitute an endorsement by us, our affiliates, or partners of the content, product, service, or supplier being referenced. We are not responsible for evaluating off-website pages or other websites linked to or from our site, nor do we vouch for the offerings, actions, content, products, or services of such pages and websites. This includes their privacy policies and terms and conditions. It’s advisable to carefully review the terms, conditions, and privacy policies of all external websites and pages that you choose to visit.
11. SHIPPING AND DELIVERY:
For detailed information about our shipping and delivery procedures, please consult our Shipping and Delivery Policy available on the Website. Keep in mind that this policy may be subject to periodic amendments.
You agree to defend, indemnify, and hold us harmless from any and all losses, liabilities, claims, damages, costs, and expenses, including legal fees and disbursements, arising from or related to any breach, non-performance, representation, warranty, covenant, or agreement made by you as outlined in these Terms. You also agree to indemnify us against any loss, damages, or costs, including reasonable attorney fees, resulting from your use of software robots, spiders, crawlers, or similar data collection tools, or any actions that unreasonably burden or overload our infrastructure.
Should you have a complaint regarding our Terms and Conditions or our products, we will strive to address the issue through our internal complaints-handling procedure. If this process fails to yield a resolution and the complaint remains unresolved, any dispute shall be governed by the laws of India, and the courts of Mangalore shall have jurisdiction over the matter. This arrangement assumes that the Terms and Conditions are treated as a contract fully executed and performed within Mangalore, Karnataka, India, while remaining subject to any mandatory provisions of foreign law.
All disputes arising from or in connection with these Terms or your use of the Website will be ultimately resolved through arbitration, following the rules and regulations stipulated by the Arbitration and Conciliation Act, 1996. The arbitration panel will consist of one arbitrator appointed by the Company. The arbitration proceedings will be conducted in English, and the venue for arbitration will be Mangalore, India. The arbitrator’s decision will be conclusive and binding, except for instances where the award requires enforcement under this clause or when seeking injunctive or equitable relief.
Subject to applicable law, no arbitration arising from these Terms and Conditions will be combined with an arbitration involving any other party bound by these Terms and Conditions, either through class arbitration proceedings or otherwise.
If necessary to protect its trademark, intellectual property rights, or confidential information, the Company may seek injunctive, interim, or preliminary relief from a Court of competent jurisdiction in Mangalore, India, while the arbitration process is ongoing.
14. SITE SECURITY:
You are strictly prohibited from violating or attempting to violate the security of the Website. This includes actions such as accessing data not meant for you, logging into a server or account without authorization, probing or testing system vulnerabilities without proper authorization, or interfering with the service for other users, hosts, or networks. Additionally, you must not engage in activities such as sending viruses to the Website, overloading, spamming, mail bombing, or crashing. Unsolicited emails, including promotions and advertising, should not be sent, and you should not forge any header information in emails or newsgroup posts. Any breach of system or network security could result in civil or criminal consequences.
The Company has the right to investigate incidents that involve such violations and can collaborate with law enforcement authorities to prosecute users engaged in such activities. You are not allowed to use any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Website or any activity on it. You also agree not to use any engine, software, tool, agent, or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website except for the search engine and search agents available from the Website and other generally available third-party web browsers.
14. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL:
By using this website, you agree to receive agreements, notices, disclosures, and other communications (referred to as “Notices”) electronically from us. This includes communication through email or by posting notices on the website. You acknowledge that these electronic Notices fulfill any legal requirement for written communication in English. To withdraw your consent to receive electronic Notices, you need to inform us by emailing at: email@example.com and cease using the website. If you choose to withdraw consent, your rights granted under these Terms and Conditions will automatically terminate. It’s important to note that if you can’t consent to receiving electronic Notices, we won’t be able to provide the benefits of the website to you.
Product prices are detailed on our Website and are considered part of these Terms. All prices are in Indian rupees and include all applicable taxes. Please be aware that prices, products, and services may be subject to change at our sole discretion.
16. MRP(MAXIMUM RETAIL PRICE) VARIATION DISCLAIMER:
Please be aware that the maximum retail price (MRP) of certain products may vary between offline and online channels based on factors such as the product’s manufacturing date, import date, or other considerations. Despite potential variations, the MRP stated on a specific product remains consistent and unchanged as indicated.
Certain products may not include additional packaging like safety seals and inner lids. Our packaging is designed to ensure an appropriate amount of space to minimize potential content leakage, which can cause product shifting within the container during delivery.
These Terms remain in effect unless terminated by you or the Company.
You have the option to terminate these Terms whenever you wish, provided that you cease any further use of the Website. Similarly, we have the right to terminate these Terms at any time without prior notice, and consequently, deny you access to the Website. Such termination will not result in any liability on the part of the Website.
Upon termination of these Terms, either by you or us, you are required to promptly delete all materials downloaded or acquired from this Website, including all copies of such materials, regardless of whether they were obtained under these Terms or otherwise. It’s important to note that the termination of these Terms will not nullify your obligation to pay for products you have already ordered from the Website, nor will it affect any liability that may have arisen under these Terms.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us regarding your use of the website. They supersede and govern all prior proposals, agreements, or other communications.
We hold the right to change these Terms and Conditions at our discretion by posting the changes on the website and providing notice of such changes. Any modifications become effective immediately upon posting on the website and notifying users of the change. Your continued use of the website following such changes signifies your acceptance of the revised Terms and Conditions. We also reserve the right to terminate any rights granted under these Terms and Conditions, with or without prior notice. You must comply immediately with any termination or notice by discontinuing all use of the website.
Nothing in these Terms and Conditions should be interpreted as establishing any agency, partnership, or joint enterprise between us. Our decision not to enforce a provision does not forfeit our right to enforce it later, nor does our waiver of a breach of any provision nullify the provision itself. If any provision of these Terms and Conditions is deemed unenforceable or invalid under any applicable law or by any arbitrator or court decision, such unenforceability or invalidity will not render these Terms and Conditions as a whole unenforceable or invalid. Instead, the adjudicating entity will modify these Terms and Conditions, to the extent feasible, to best reflect the original intent of the parties as embodied in the initial provision.
If you have inquiries about these Terms and Conditions, please contact us at firstname.lastname@example.org