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Home General sales conditions
TERMS OF SERVICES
1. Website Usage
2. Assent & Acceptance
3. Account Info.
4. Product Info.
Thalgo India attempts to be as accurate as possible in the description of the product on the website. However, Thalgo India does not warrant that the product description, colour, information or other content of the site is accurate, complete, reliable, current or error-free. The site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. Thalgo India reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
5. Use of Product
The products and services available on the site, and the samples, if any, that site may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. You should carefully read the individual terms and conditions in relation to the products and to determine its suitability consult a specialist before the use of the same.
6. Recommendation of Product
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product by Thalgo India or any of its associates in any manner.
7. Price Info
Thalgo India strives to provide accurate product and pricing information, however errors may occur. Thalgo India confirms the price of the product only when you make the order. Without limiting the generality of Clause (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Thalgo India shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product unless the product has already been delivered. In the event that an item is wrongly priced, Thalgo India may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and Thalgo India will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Thalgo India accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Thalgo India’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card/bank account. Availability and price of the products offered on the site are subject to change without giving prior notice and at the sole discretion of Thalgo India, it may revise and cease to make available any product at anytime. In the event, Thalgo India is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Thalgo India shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
8. Mode of Payment
Payments for the products available on the Site may be made in the following ways: · Payments can be made by Credit Cards, Debit Cards, Net Banking. Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure speedy and faster processing of your order.
9. Content of the User
The information, communication, text, software, data, music, sound, graphics, messages, photo, image, videos or other materials transmitted, uploaded, posted, emailed or otherwise provided to us are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree not to encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that :
1. Users do not have any right and belong to another person.
2. Impersonate another person.
3. Intrusion in another’s privacy, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racial, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.
4. Infringes any patent, trademark, copyright or other proprietary rights.
5. Violates any law for the time being in force.
6. Misleads or deceives the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
8. Intimidate the unity, integrity, defence, security or sovereignty of India.
Thalgo India shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Thalgo India does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Thalgo India. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Thalgo India be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Thalgo India for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content. You hereby acknowledge that Thalgo India has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Thalgo India has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others. If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at firstname.lastname@example.org and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
10. Intellectual Property Rights
Unless expressly agreed otherwise in writing for use, the entire copyrights and all other intellectual and industrial property rights relating to the items or services supplied by the Company/Thalgo India, such as trademark rights, design rights, patent rights, sui generis database rights, etc., shall exclusively be of the Company/Thalgo India and / or its suppliers. The content on this site, such as text, images, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company/Thalgo India or the content suppliers and is protected by applicable copyright and other laws. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this website, whether registered or unregistered of Thalgo France and OMCPL or others, are the intellectual property of their respective owners, and Thalgo France and OMCPL shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. Thalgo India and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the website is the exclusive property of Thalgo India and is protected by the Indian copyright laws and International treaties and other arrangements. Consequent upon, the materials on this website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. The Contents and software on this website are to be used only as an e-commerce shopping source. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless until Thalgo France and OMCPL explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Thalgo France and OMCPL, any of its affiliates or by third parties who have licensed their materials to OMCPL and are protected by Indian copyright laws and international agreements, arrangements and treaties.
11. Limited License
12. Representations and Warranties
13. Disclaimer of Warranty and Limitation of Liability
Thalgo India nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Thalgo France and OMCPL we make no representations or warranties that defects or errors will be corrected. Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed. You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination
14. Hyperlinks and Third Party Sites
Thalgo India provides references on the website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply OMCPL endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Thalgo India. Thalgo India is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Thalgo India does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
17. Arbitration, Governing Laws and Jurisdiction of Courts
18. Force Majeure
The company shall not be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, epidemic, pandemic, labour stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
19. Website Security
You are prohibited from violating or attempting to violate the security of the website, including, without limitation,
1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
4. sending unsolicited email, including promotions and/or advertising of products or services; or
5. forging any header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.
Thalgo India and OMCPL is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from OCEA MARINE COSMETICS PRIVITED LIMITED on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
20. Entire Agreement
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms and Conditions, please email us at below email ID.
22. CONTACT US:
E-mail id: email@example.com