Terms & Conditions


TERMS OF USE

 

Welcome to Essence of India !

 

This agreement has been written in English (India). To the extent any translated version of this agreement conflicts with the English version, the English version shall prevail over such translated version. The opinion of Essence of India as to the conflict and the binding value of this English version shall be final and binding.

 

For the purposes of the Information Technology Act, 2000 (and its statutory modifications and amendments from time to time), this agreement is an electronic record. No physical or digital signatures or other form of authorisations are required on this electronic record since this is a computer generated electronic record.

 

The Terms of Use will govern and apply to the use of all services and for access to any and all part(s) of Essence of India (the "Terms"). Access to Essence of India or any part thereof may include all or any of the following: information, graphics, documents, applications, advertisements and materials uploaded or downloaded by you, our partners, associates or anyone else authorized by us. For the purpose of the Terms and wherever the context so requires, "you" with all its grammatical variations and cognate expressions, shall mean any natural or legal person who has agreed to access and/or register on Essence of India by providing necessary data for signing up on the website and who is eligible to form a legally binding contract in terms of the Indian Contract Act, 1987.

 

By visiting and accessing Essence of India, you are deemed to have accepted the terms and conditions listed below-

 

  1. 1.        Scope:

 

1.1      Essence of India (hereinafter referred to as the “Website”) lists and displays a variety of products, products that are self developed and manufactured and products that may be sourced or procured from others for the purpose of its sale through the Website. While we take utmost care that all products displayed on the Website are available, there may be times that due to demand or otherwise, certain products displayed may not be readily available or not available at all. We do not accept any responsibility as to the quality, quantity and availability of the products displayed on the Website. While an order may be placed with the Website, we at Essence of India will take utmost care to ensure that updated information is made available to you with regard to the availability, delivery and / or refund settlement process. Your order will be binding upon is only once we have confirmed the availability of the said product and we have received payments in respect thereof. No act or omission of Essence of India prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

 

1.2      The Terms as appearing on the Website will govern your use of, and access to, Essence of India. The Terms constitute your binding obligations towards the Company.

 

1.3      Essence of India reserves the right to change any or all the Terms as herein contained as per its requirements from time to time. In the event of such change and subsequent change(s) to the Terms, the Terms shall be deemed to have been suitably amended, modified and updated so as to be applicable to such changes.

 

1.4      Essence of India may provide all or any of its services either free-of-cost or on a subscription basis or a combination of the two, and reserves the right to increase, reduce, introduce or abolish the subscription fee for any or all the services provided by it from time to time.

 

1.5      Any or all services may be stopped by Essence of India at any time without the obligation to notify any user or their assigns.

 

1.6      Our services may include advertisements by partners or through partner companies and we may use behavioural or usage information to display relevant content or information based on the analysis of this information by us or our partners.

 

1.7      At times Essence of India may not be available due to upkeep and maintenance purposes for which Essence of India shall not be bound to give reasonable intimation. Any such intimation, if given, will only be posted on Essence of India and no individual intimation will be given to you or any of its users.

 

1.8      While no upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service has been set, such fixed upper limits may be set by Essence of India at any time, at Essence of India’s sole and absolute discretion.

 

1.9      Essence of India may give you an option to invite your business and personal contacts from your email account(s) by way of an automated link. By using this option and feeding in your email address(s), you authorise Essence of India’s automated engines to scan though your address book and give you suggestions as to contacts that you may wish to invite. Essence of India shall have no obligations or liabilities either towards you or any contacts invited by you by using Essence of India’s automated engine.

 

1.10    Your acceptance for use of the services is deemed as soon as you have signed up and are using Essence of India. This acceptance includes the responsibility to accept actions done by, for and on behalf of you and/or any and all business entities you represent using your registered account. If any of these entities are registered and have separate accounts on Essence of India, it will not prejudice your conduct and use of the service, directly or on their behalf.

 

  1. 2.        REGISTRATIONS


Membership is open to all persons, wherever located, who are eligible to contract as per the Indian Contracts Act, 1872, i.e. those who are 18 years of age and who are not incompetent to contract. We will accept the self declaration as to your age, birth date, gender, communication address and such other information gathered at the time of registration. However, Essence of India disclaims all liabilities in event any of the information furnished by you is inaccurate, false or misleading. We reserve a right to terminate your membership with Essence of India in event we find out or is otherwise brought to our notice that the information furnished by you is false or otherwise inaccurate in any manner whatsoever. While your membership may be terminated, certain data will be stored in our database for a limited period of time for future reference.

 

  1. 3.        Creation of accounts and obligations

 

3.1      You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password. Essence of India shall not be responsible for the loss of your password. While the automated engines may assist you in recollection/retrieval of your password, Essence of India does not warrant that your password will be retrieved.

 

3.2      All information about yourself as provided on Essence of India shall always be true, correct, complete and accurate and the same shall be updated by you from time to time so as to keep it relevant and applicable to you.

 

3.3      If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, the Company has the right to indefinitely suspend or terminate your registration with Essence of India and refuse to provide you with access to Essence of India.

 

3.4      You may deactivate your account at any time you desire. However, you agree and understand that the deleted information such as your name, contact details, business logo, photographs, etc. uploaded by you, will be stored in our database for a certain period of time (which is not permanent). Such stored information may be retrieved, automatically or manually, should you decide to re-create a fresh login during the temporary phase when the information is stored in the database. However, at no point of time will such information or any part thereof be available to third parties without your consent. 

 

3.5      You will not create more than one personal profile. If you have created more than one login, Essence of India reserves the right to delete/disable such additional, or all logins, at its sole discretion. Further, you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

 

3.6      The login created by you cannot be transferred.

 

3.7      Under your account, you agree that you shall not carry on any activity which is contrary to, and in violation with, the laws in India.

 

  1. 4.        PLacing of orders, pricing, PAYMENTS and others:

 

4.1      The prices displayed on the Website in respect of the goods exhibited may change from time to time. The prevailing price at the time of your placing of the order will be considered to be final.

 

4.2      There may be circumstances when the prices may change after placing of the order. In event that we do not have stocks of the product at the prices at which the orders were placed we may be forced to cancel the order in which case we will notify you. In event of such cancelation, amounts paid, if any, will be credited to your account.

 

4.3      While we will endeavour to offer best products at best prices to you, we do not guarantee that the price offered by is will be lower or lowest that the prevailing market rate in stores.

 

4.4      We may also have to cancel the order in event the product delivered by the supplier does not match with the description offered on the Website. In such circumstances, we will notify you by a separate email and the amounts, if any, paid by you will be credited to your account.

 

4.5      At the time of placing of orders by you on the Website and while making payments, the Website will ask for credit card/debit card/net banking details from you which information will have to be provided by you in order for the order to be processed. Please note that at the time of placing of the order and making of payments, the Website will direct you to a independent authorised payment gateway where your credit card / debit card / net banking details will have to be given. Essence of India does not record or otherwise store any of the information in its servers, nor does it monitor the mode and manner of making of payments by you. Essence of India hereby disclaims all liabilities that may be caused to or suffered by you in event of your personal card details being misused by any persons whatsoever.  Your credit card information never reaches Essence of India, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or with any of the third parties unless required for fraud verifications or by law, regulation or court order.

 

  1. 5.        Privacy

 

5.1      During the course of your association with Essence of India, you will be providing and sharing information with us. Any information shared with us is subject to our Privacy Policy and the terms, guidelines, requirements set out therein will govern the collection, usage and disposal of the same. Since you have consented to use Essence of India which is deemed by your acceptance of the Terms, you understand that any information you provide may be stored on systems that may be located in India or any other country where our hosting provider is located and that you accept and recognize that Essence of India has reasonable controls in place to ensure its security. Essence of India does not sell or rent your business and/or personal information to third parties for marketing purposes or any other purpose. In case that it is required to, Essence of India shall not do so without your explicit consent. The information will be used only in the manner as described in the Privacy Policy. Essence of India understands that you and your information is one of our most important assets. Essence of India uses the best possible physical as well as technological security devices with a view to protect your information in its entirety. If you object to your information being transferred or used in this way please do not use Essence of India.

 

5.2      By signing-up and accessing the services provided, you confirm that you have read and accept all the terms of our Privacy Policy.

 

  1. 6.        Spam

 

6.1      Essence of India supports ‘zero tolerance’ for spam and any user account found in violation will be suspended immediately. We do not spam any members nor do we share user information with marketing companies or spammers.

 

6.2      Essence of India may send out emails to users as part of our operational requirements to make service and administrative announcements. We may also send out promotional emails to users advertising our services and business or that of our partners. However, these mailers are low volume and would be sent out following responsible marketing and presentation norms.

 

  1. 7.        Responsibility for Online Content

 

7.1      You are solely and completely responsible for the content you are posting online – in respect of appropriateness, legitimacy and ownership. By using Essence of India, you agree to accept, unconditionally, the complete liability for any action arising from your use of the services due to the nature of the content posted by you. In addition, you agree, unconditionally, to indemnify Essence of India from any liability or cost arising from any action or inaction by you.

 

7.2      We retain the right to remove any and all content reported to be offensive or in violation of the rights of any organization, entity or person. Such action will be taken by us or our agents without any notice to any party involved and any account(s) in violation will be suspended and the owners of such accounts will be banned from using our services. Reinstatement of your content or account can occur only after submission of adequate evidence and action from your end confirming that there is no violation and that the charges are unsubstantiated.

 

7.3      You may not post any content that is pornographic, offensive to any organization, entity or person, or plagiarized, copied or stolen or inappropriate to the nature and objectives of Essence of India services or is prohibited content.

 

  1. 8.        Restrictions on Use of Services

 

8.1      You are permitted to use Essence of India only if you accept the Terms, the Privacy Policy and any additional legal guidance and terms that are available on the website and/or may be communicated from time to time.

 

8.2      You may not access, download, use or modify the content, software, products or services provided on Essence of India in violation of the applicable laws of the land and any applicable regulations and practices of good use. Modification or any change is permitted only to the extent allowed by the website application.

 

8.3      Under no circumstances will you or any of your appointed representatives, contractors, associates or any third-party entities appointed by you or associated with you, try to conduct any network scans or attempt to do a vulnerability assessment or penetration test of the application and underlying infrastructure.

 

8.4      We reserve the right to deny access to the services, terminate any account(s) without assigning reasons, reset passwords, and disclose business or personal information (including content) in response to legal requests from any national or international law enforcement authorities or government.

 

  1. 9.        Shipping, Delivery & Returns

 

9.1      Products on Essence of India are designer made, hand crafted and specially handpicked for you from various parts of India. Essence of India delivers globally and assures the use of the best possible transport/courier agencies to deliver your product/s.

 

9.2      Shipping charges of products on Essence of India will be mentioned at the time of check out.

 

9.3      VAT & IMPORT DUTIES: The VAT / Custom Duty / Local Taxes / Import Duties will have to be borne by you as per the extant laws.

 

9.4      COURIER CHARGES: Courier handling charges are borne directly by the customer and are to be paid at the time of delivery to our courier partner or as advised by our courier partner.

 

9.5      There may be a delay in delivery caused due to any natural calamity, public holiday or any other unforeseen circumstance, Essence of India shall not refund, return, replace or exchange any order. In case the delay in shipping is caused due to unavailability of stock Essence of India may inform you by email and you will be able to choose an alternate product, opt for store credit or receive a refund for that product.

 

9.6      RETURN POLICY: All products purchased from Essence of India may be returned within 30 days. The returned products will not be accepted if the same are in damaged condition or used condition. Kindly retain all packaging materials and product/s until a set of instructions from Essence of India regarding the same is received.

 

9.7      All defective products are to be returned to Essence of India in its original condition, original packaging, with the invoice and sealed carefully. Please return your order with the return label issued to you by the customer care team at the time of return confirmation. Safe receipt of defective product by Essence of India is sole responsibility of the customer.

 

9.8      REFUND - Essence of India will refund the paid amount only if the order at delivery is damaged, faulty or if the order is wrong.

 

9.9      No refund will be given by Essence of India if the order has been delivered with the color and size as selected by the customer while placing the order. In the event of the error having occurred on the part of Essence of India, the product can be replaced or the amount can be refunded at the sole discretion of Essence of India.

 

9.10    Cancellation: The customer can only cancel the order within 24 hours of placing the order. Once a cancellation is requested, Essence of India  will process the same and refund the monies to within 7 working days.

 

  1. 10.      Copyrights and Intellectual Property Rights

 

10.1    Essence of India strongly support intellectual property rights and believe that this extends to ideas and plans, including content, statements, presentations and representations.

 

10.2    Essence of India and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Essence of India or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Essence of India or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Essence of India. You cannot modify, distribute or re-post anything on this website for any purpose.

 

10.3    Essence of India names and logos and all related product and service and Essence of India slogans are the trademarks or service marks of Essence of India. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

 

10.4        All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You shall not download or copy the Contents and other materials displayed on the Site. You shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Essence of India or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Essence of India, one of its affiliates or by third parties who have licensed their materials to Essence of India and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Essence of India and is also protected by Indian and international copyright laws

 

  1. 11.      Links, Logos and External Resources

 

11.1    The Essence of India logo and symbol may be used online by affiliate websites and content providers only for the purpose of providing a hyperlink to the Essence of India website. Any other use must be authorized by Essence of India management and inappropriate or unauthorized use will result in legal action. Under no circumstances, can the colours or proportion of the logo and or the symbol be changed and any such variation will be considered to be unauthorized usage and infringement.

 

11.2    The Terms or the content posted online may contain links to third-party websites or resources. We are not responsible for the content, availability or accuracy of any third-party website links provided by us. Users are responsible for the links provided by them as part of their content. Any risk arising from the action of following a link will be the responsibility of the user and in no way will Essence of India be liable for any damage or for any other reason.

 

  1. 12.      Indemnity

 

You shall indemnify and hold harmless Essence of India, the Company and its subsidiaries, affiliates, third parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms and/or the Privacy Policy or your violation of any laws, rules or regulations or the rights of a third party.

 

  1. 13.      Changes to the Terms of Use

 

Essence of India may review and update these Terms and other related guidance periodically and as appropriate. Your continued use of the Terms after such changes are made constitutes your consent to the revised Terms. If you do not wish to consent to the revised Terms, then you should discontinue your use of Essence of India and notify us of your decision by deactivating your account.

 

  1. 14.       General

 

14.1    None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and Essence of India and you shall have no authority to bind Essence of India in any manner whatsoever. 

 

14.2    If any clause of the Terms shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms.

 

14.3    The Terms set forth the entire understanding and agreement between you and the Company with reference to the matter hereof.

 

  1. 15.      Applicable Laws and Jurisdiction

 

15.1    All matters relating to your access to, and use of, Essence of India shall be governed by the Information Technology Act, 2000 and applicable laws in the Republic of India.

 

15.2    Any legal action or proceeding relating to your access to, or use of, Essence of India shall be instituted in the courts of Mumbai, India. You and Essence of India agree to submit to the jurisdiction of Mumbai without regard to or the application of the law and its provisions in your country of residence, agreeing that the venue is proper and that you waive any statement of inconvenience of the location.

 

  1. 16.       Arbitration

 

Any disputes arising from the use of the website, whether involving Essence of India or not and in connection  with the validity, interpretation, implementation or alleged breach of any provision of the Terms, shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Essence of India. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings, which shall be in the English language.

 

  1. 17.      As-is Services

 

17.1    Except where expressly provided otherwise by Essence of India or the website, the services and all content, materials, information, software and products are provided on an "as is" and "as available" basis.

 

17.2    Essence of India expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

17.3    Essence of India makes no warranty that the website will meet your requirements or that they will be available on an uninterrupted, timely, secure, or error-free basis.

 

17.4    Any business contacts, content, materials or information accessed or otherwise obtained through the use of Essence of India is done solely at your own discretion and risk. We make no warranty of, and disclaim, any and all responsibility for the completeness, accuracy, availability, timeliness, security or reliability of the website or any content, provided by us, by you or by any party.

 

17.5    Essence of India shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of Essence of India or its content. You agree that Essence of India has no responsibility or liability for the deletion of, or the failure for storage and transmission, of any content and communications retained/maintained by Essence of India.

 

  1. 18.      Limitation of Liability

 

Notwithstanding the responsibilities established due to the legal frameworks in different countries, in no event shall Essence of India be liable for any direct, indirect, incidental, special or consequential damages, or punitive damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, Essence of India.

 

  1. 19.      Waiver and Severability

 

Under no circumstances will these Terms be deemed to be waived for any other rights or provisions. In the event of any of these Terms being considered invalid or if enforceability is not possible due to a conflict with applicable laws, all other provisions will continue to be in effect. 

 

  1. 20.      Transfer and Transmission

 

In the event of death of a person, such persons legal heirs shall, to the extent possible, inform TrepUp of such demise so as to enable Essence of India delete the profile of such deceased person. 

 NOTE: The merchant Legal name is Sole Delight

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