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Terms & Conditions | Essence India

Terms & Conditions

Overview

This website is operated by Deepika Enterprises. Throughout the site, the terms “we”, “us” and “our” refer to Deepika Enterprises. Deepika Enterprises offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Acceptance of Terms

Deepika Enterprises provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any Deepika Enterprises service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use. You should check this page regularly to take note of any changes we may have made to the Terms of Use.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of India. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of India. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Neither Deepika Enterprises, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Deepika Enterprises will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

In order to contract with Deepika Enterprises you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Deepika Enterprises retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Deepika Enterprises or may in some cases be a third party. Where a contract is made with a third party Deepika Enterprises is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Product Descriptions

Deepika Enterprises and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Deepika Enterprises does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of Goods and Service Tax (GST). Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Discount Codes

Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue. These T&Cs relate to all Deepika Enterprises promotions, competitions and discount codes (unless otherwise stated). Only one promotion code can be used per order.

Limitation of Liability

The Trade Practices Act in India may confer rights and remedies on you in relation to the provision by Deepika Enterprises of goods or services on the web site which cannot be excluded, restricted or modified. Deepika Enterprises does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied, (b) Deepika Enterprises and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Deepika Enterprises does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Deepika Enterprises does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Deepika Enterprises) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Deepika Enterprises) will Deepika Enterprises or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Deepika Enterprises does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, Deepika Enterprises‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Deepika Enterprises, to the following:

in the case of services supplied or offered by Deepika Enterprises, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by Deepika Enterprises, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmless Deepika Enterprises and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Deepika Enterprises or the appropriate supplier or licensor of Deepika Enterprises.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Trademarks

The Deepika Enterprises logo and the logos of the Deepika Enterprises products are registered trademarks of Deepika Enterprises or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account and Registration

In consideration of your use of the Website, you agree to:

provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Deepika Enterprises has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Deepika Enterprises has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Deepika Enterprises, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

  1. restrict or inhibit any other user from using or enjoying any Communication Facility;
  2. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  3. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. post or transmit any material of any kind which contains a virus or other harmful component;
  5. post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
  6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
  7. Deepika Enterprises may from time to time monitor or review the contents of its Communication Facilities. While Deepika Enterprises reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Deepika Enterprises’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Deepika Enterprises has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Deepika Enterprises responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
  8. Deepika Enterprises reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Contributions

Deepika Enterprises may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Deepika Enterprises disclaims any and all liability in connection with Contributions. Deepika Enterprises assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Deepika Enterprises is under no obligation to treat your Contribution as confidential.

Deepika Enterprises may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

User Licence To Deepika Enterprises

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Deepika Enterprises and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Deepika Enterprises and any other party authorised by Deepika Enterprises all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Deepika Enterprises, you will execute and deliver to Deepika Enterprises such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At Deepika Enterprises we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

Deepika Enterprises will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from Deepika Enterprises and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’

Please REPORT any suspicious activity to us immediately.

Risk of Loss

All items purchased from Deepika Enterprises are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties will appear on Deepika Enterprises from time to time. These web sites do not form part of the Website and are not under the control of Deepika Enterprises or its related bodies corporate and neither Deepika Enterprises nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Deepika Enterprises or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, Deepika Enterprises accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of India and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the India judiciary courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Deepika Enterprises. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Deepika Enterprises.

Delivery

Delivery to final destinations may take longer. If in doubt please check with your local Post Office or the mentioned delivery partner.

Returns & Exchange

Returns and Exchange are also accepted with prior approval from Deepika Enterprises where a return authorization number will be issued and must be with 7 days of invoice. The item must be unused and the packaging in new condition