TERMS AND CONDITIONS
Welcome to EarthGarden. Please review the following terms and conditions carefully.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.earthgarden.in (hereinafter referred to as "Website") is owned by Envision Home and Garden Pvt Ltd. Unit #31, Sector 7, IMT Manesar, Gurgaon - 122050 (Haryana) INDIA
The words “you” or “end user” or “your” or “buyer” or “customer” refers to any person/s or company or party using this website.
''Product/Products'' means and includes any goods/merchandise/products/services/offers/ coupons/voucher/giftcards/display items that are uploaded /showcased/displayed on www.earthgarden.in and the related description, information, procedure, processes, warranties, delivery schedule, etc.
THESE TERMS AND CONDITIONS MAY CHANGE
www.earthgarden.in is an offering from Envision Home and Garden Pvt Ltd. Please read these Terms & Conditions carefully before using this website. www.earthgarden.in reserves the right to update or modify these Terms and Conditions without any prior notice. We suggest that you go through the terms and conditions whenever you use our web site. Your use of www.earthgarden.in will be understood as your agreement to follow and be bound by the terms and conditions listed below. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by www.earthgarden.in. All products/services and information displayed on www.earthgarden.in constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. www.earthgarden.in reserves the right to accept or reject your offer.
USE OF OUR WEB SITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity] ;
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer 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, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
- 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.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not 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 may 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.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms EarthGarden, earthgarden.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of EarthGarden or dilute any EarthGarden’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or EarthGarden’s systems or networks, or any systems or networks connected to EarthGarden’s.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Octroi, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- All your comments, feedback, suggestions, or any other regarding our products and services communication (collectively called “Comments”) posted by you on earthgarden.in will and shall remain EarthGarden’s exclusive property. Submission of any such Comments shall constitute an assignment to EarthGarden of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. EarthGarden will hold exclusive rights to use, reproduce, disclose, publish, print, announce and distribute these Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
16. EarthGarden’s shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All content on this website, including, for example, but not limited to, trademarks, logos, all the product information, page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to hereafter as "Content") is the exclusive property of EarthGarden and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by EarthGarden. The Content of www.earthgarden.in web site are intended only for the personal and non-commercial use of the users of our site. As a user, you may download, print and store selected portions of the Content but only for your own personal and non-commercial use. You cannot copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format. You cannot modify or alter the Content in any way, or delete or change any copyright or trademark notice. EarthGarden reserves complete title and full intellectual property rights in any Content you download from this web site.
HYPERLINKS TO AND FROM OTHER WEB SITES
www.earthgarden.in may contain hyperlinks to third party websites or services whose resources and contents are not controlled by us. Any concerns or questions regarding such services or resources, or any hyperlink thereto, should be directed to the particular outside service or resource.
EarthGarden disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from www.earthgarden.in websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. EarthGarden is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. EarthGarden does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from www.earthgarden.in websites.
Without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.
COLLECTING INFORMATION ABOUT YOU
We will collect information only where it is necessary for us to do so and if the information is relevant to our dealings with you. We will retain your information only as long as we are either required to by law or as is relevant for the purposes for which it was collected.
You can visit www.earthgarden.in and browse without revealing any personal information about yourself to us. During your visit to the website you remain anonymous and at no time can we identify you unless you have an account with www.earthgarden.in and you log on with your user name and password.
When you make a purchase on www.earthgarden.in, or opt to receive emails or catalogs from us, participate in contests/surveys or otherwise communicate with us, you may have to give us your basic information. Typically, this information will include your title, name, gender, email address, postal address, delivery address (if different), telephone number, mobile number, fax number. This information provided by you will allow us to process your transaction or request efficiently. Where possible, we will indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. If you have provided us information that is inaccurate, incomplete or no longer valid, and want the same to be corrected or updated, please let us know in writing and we shall do the needful to the extent the same is feasible.
Moreover, we may collect additional information regarding the address of the Internet service providers of this website’s visitors, the name of the Web page directing the visitor, (whether this web page is on our Website or not), which web page you next go to (whether this web page is on our Website or not), your computer browser information, your IP address, as well as the clicks and activity on our site. When you search anything on the website, your keywords will be collected in a protected location for improving our search results. We may also maintain records of your past and current purchases from the website. This data is collected to help us make the site more efficient and easy to use for our customers. It is compiled and analysed on an aggregated basis.
When you browse or visit web pages from www.earthgarden.in, our servers log your computer's IP address. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Internet. www.earthgarden.in collects these IP addresses for the sole purpose of identifying our users' service providers so we can develop our website better. We do not automatically link IP addresses to anything personally identifiable, however we can and will use IP addresses to identify users when we feel it is necessary to:
(1) Comply with the law or comply with legal process served on www.earthgarden.in, (2) Protect and defend the rights or property of www.earthgarden.in, (3) Protect the personal safety of other www.earthgarden.in users or the public, (4) To ensure compliance with our Terms & Conditions.
USING AND SHARING THE INFORMATION COLLECTED
We will process your contact information in ways compatible with the purposes for which it was collected or authorised by you. If necessary, we will take reasonable steps to make sure that the information provided is reliable, accurate, complete and current, to enable us to process your transaction or your request.
To complete your transaction or request we may have contracts with outside companies or persons to provide certain services such as transportation, shipping, data management, promotional services, etc., hereafter referred to as “Service Providers”. We will share information with our Service Providers to the extent it is required for them to perform these services efficiently and smoothly.
LINKS TO THIRD PARTY SITES
www.earthgarden.in has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. To protect your information, we adhere to strict security guidelines, protecting it against unauthorized access. We use standard and authorized payment services and our Credit Check and Fraud Prevention policies are aligned to these companies. Our trusted payment gateway partners use Secure Sockets Layer (SSL) encryption technology to protect your card information. All personal and financial information is transmitted using the https protocol over SSL, utilizing state–of–the–art technology for consumer protection. All disputes would be handled by Gurgaon courts.
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
To unsubscribe from all promotional communication, please visit http://www.earthgarden.in. Please note that it may take up to six to eight weeks to process your request from the date of receipt. When you make subsequent purchases at EarthGarden, your information will be used only to process your order and will not be added automatically to any mailing lists.
ADVERTISMENTS ON www.earthgarden.in
www.earthgarden.in may use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
OTHER PRIVACY ISSUES
EarthGarden adheres to a strict privacy code regarding children and does not knowingly accept personal information from a child. Minors under the age of 18 may not use this website. We do not collect information from anyone known to be under the age of 18, and no part of the website is designed to attract anyone under the age of 18. www.earthgarden.in does not sell products for purchase by children. Occasionally, we may sell children's products for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
We may provide areas on our website where you can publicly post information about yourself, communicate with others, review products and submit media content. This information may be accessible by other consumers or companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a product review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
OPT OUT OF RECEIVING EMAILS OR CATALOGS FROM US
To remove your name from our email contact list, click on the unsubscribe link given at the bottom of every email sent to you from www.earthgarden.in. If you have an account with us, you can also log into your account to change your newsletter preferences. Please note that it may take up to six to eight weeks to process your request from the date of receipt. When you make subsequent purchases at EarthGarden, your information will be used only to process your order and will not be added automatically to any mailing lists.
EarthGarden offers you multiple payment methods. Whatever your online mode of payment, you can rest assured that EarthGarden's trusted payment gateway partners use secure encryption technology to keep your transaction details confidential at all times.
All crdit and debit cards issued by Visa and MasterCard are accepted. You can also use Internet Banking, (covering 21 banks) and E-Gift Cards to make your purchase.
The price of our merchandise as mentioned on www.earthgarden.in is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes and shipping charges as are applicable in India.
SHIPPING AND RETURNS POLICY
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate Earthgarden for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
EarthGarden endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if EarthGarden fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, EarthGarden may at its discretion charge you for additional shipping cost.
CANCELLING YOUR ORDER
In case of requests for order cancellations, EarthGarden reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed/ approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. EarthGarden has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by EarthGarden and accept EarthGarden decision regarding the cancellation.
RETURNS & REFUNDS
We really hope that you’re happy with your EarthGarden purchase. As a policy, we do not offer returns or exchanges on products which are delivered in perfect condition. If, however, you are unhappy or if your product has been damaged in transit, please contact us at firstname.lastname@example.org as soon as possible. We will offer a refund or replacement on any item as long as it is returned in its original condition and packaging within 15 days of receipt.
We are unable to reimburse shipping costs, including those to return the product to us, and we recommend that you obtain proof of postage on returning the item to us as we cannot accept responsibility for items lost in the post. Once we receive the item/s, the refund will be initiated. Refunds are subject to a 3.75% processing fee which is charged by our payment gateway and unfortunately cannot be avoided.
Please note that minor differences between products or shade of color are not considered defects, but are part of the intrinsic hand crafted nature of our products.
Items are eligible for exchange/refund only under the following circumstances
- You have received products with a manufacturing defect
- Wrong product has been shipped that does not match with your order.
- You received damaged merchandise.
To process a claim for damaged or defective merchandise, please email a photo of the damaged merchandise within 24 hours of recipt to email@example.com
Once we receive the defective/damaged merchandise and your refund request has been validated, we will send you an email authorizing a refund. Once you receive the email, it will take up to 15 working days for the refund to reflect in your account.
For payments made using a credit/debit card (or any form of net banking) the amount is credited back to the same account from which the payment was made.
RETURNS - LOSS IN TRANSIT
EarthGarden shall make all endeavours to deliver defect free products to the purchasers. EarthGarden does not take title to any returned items purchased by the user unless the item is received by EarthGarden. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to EarthGarden within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.
EarthGarden holds the sole discretion to determine whether a refund can be issued.
CANCELLATION OF ORDERS BY EarthGarden
There may be certain orders we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after the amount has been charged, the said amount will be reversed back in your account.
This Web Site and all content available on this Web Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that EarthGarden shall not be liable for any damages of any kind related to your use of this site.
EarthGarden has made this website available to use as a matter of convenience. We expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Your use of www.earthgarden.in will be understood as your agreement that www.earthgarden.in provided no warranties for the following:
That access to www.earthgarden.in will be error free or uninterrupted;
That the information on www.earthgarden.in will be accurate, complete or reliable;
That www.earthgarden.in will be free of any virus, worm, Trojan horse or other harmful software code; or
Of title or non-infringement.
The photographs of the products on this website are as close to the originals as possible. However the colours you finally see depend on your monitor and we cannot guarantee that your monitor's display of any colour will be accurate.
Occasionally there may be typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability on our website or catalogs. EarthGarden reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
This website may contain advertising/publicity or other material submitted to www.earthgarden.in by third parties. Responsibility for ensuring that the material submitted for inclusion on the website complies with applicable International and National law is exclusively on the advertisers and www.earthgarden.in will not be responsible for any claim, error, omission or inaccuracy in advertising material. www.earthgarden.in reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to www.earthgarden.in terms and conditions which are available on request.
You agree to indemnify and hold harmless EarthGarden and its directors, officers, partners, agents, vendors from any and all liability arising in connection with your use harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of this website, including, but not limited to any information or content that you post on any of the www.earthgarden.in websites.
ACCOUNT SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT
Notwithstanding other legal remedies that may be available to www.earthgarden.in, www.earthgarden.in may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of www.earthgarden.in; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or www.earthgarden.in. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the www.earthgarden.in site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
This site is created and controlled by EarthGarden. The laws of India shall apply to any action relating to the use of the Web Site, catalogs or any transaction with EarthGarden and must be settled in courts within the jurisdiction of courts in Gurgaon, Harayana. If there is any dispute about or involving the www.earthgarden.in websites and/or the Service, by using the www.earthgarden.in websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Gurgaon, India. www.earthgarden.in reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of www.earthgarden.in
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Gurgaon. This document is an electronic record in terms of Information Technology Act, 2000 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.
The failure by EarthGarden to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by EarthGarden of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
Failure on the part of EarthGarden to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against EarthGarden or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of EarthGarden that directly or indirectly hinders or prevents EarthGarden from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
LIMITATION OF LIABLITY
www.earthgarden.in will not be liable for short delivery or delivery of defective goods unless a claim is notified by the customer in writing within 24 hours of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. www.earthgarden.in will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of www.earthgarden.in including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. www.earthgarden.in shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of www.earthgarden.in.
You agree that EarthGarden, its officers, directors, partners, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to www.earthgarden.in websites or EarthGarden for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any www.earthgarden.in websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of www.earthgarden.in.
In no event will EarthGardens total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any EarthGarden website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to EarthGarden, if any, for accessing the www.earthgarden.in websites.
You expressly understand and agree that EarthGarden and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EarthGarden has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
For any questions and concerns regarding these terms & conditions please email us at firstname.lastname@example.org