GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS ONLINE
1. We Congratulate you for viewing/accessing www.souffle.co.in herein referred to as the (Website) of Essma Felts Limited which allows the consumer to select and purchase Cashmere Accessories and Products herein referred to as (Products or Goods).
2. By viewing, accessing or using the site for the purchase of the product, you signify that you have read and understood the Terms and Conditions affirmed and accepted them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions.
3. These terms and conditions do not cover the sale of our Products or Goods by third parties to you.
4. You should understand that by ordering any of our Products or Goods, you accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products or Goods from our Website. You may print a copy of these terms and conditions for future reference. We are under a legal duty to supply goods in conformity with these terms and conditions of sale.
SOME RELEVANT INFORMATION ABOUT US
1. We operate the Website www.souffle.co.in. We are Essma Felts Limited, a Company registered under the Companies Act, 1956 having its registered office at 11 IDC, Mehrauli Road, Gurgaon- 122001, Haryana, India.
1. By placing an Order through our Website you warrant that:
a. You are legally capable of entering into binding contracts.
b. You are at least 18 years old. If you are under the age of 18 years but above 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If the Minor’s age is below that of 18 years, only the Minor’s parent(s) or legal guardian(s) can transact on behalf of such Minor(s), provided that their parent(s)/guardian(s) are registered users. Minors are prohibited from purchasing any material which is for the use, consumption, sale or purchase only for persons above 18 years of age.
c. You are legally competent to enter into a valid contract as per Section 10 of the Indian Contract Act, 1872.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Your order is an offer to us to buy the Product(s) in your order. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (Order Confirmation). Please note that the Order Confirmation is acknowledgment that we have received and accepted your order.
We may send you a notification if there are delays in processing of your order because of the following:
a. Where the Product is not available;
b. Where we cannot obtain authorization for your payment;
c. If there has been a pricing or Product description error; or
d. If you do not meet the eligibility criteria set out in ‘Your Status’ above.
2. The contract between us (Contract) will only be formed upon the earlier of i) when we send you the Dispatch Confirmation or ii) delivery of the Product(s). The parties to the Contract are you and Essma Felts Limited.
HOW TO PLACE YOUR ORDER
1. All registration information must be correct, complete and promptly updated by the Buyer each time it changes. Please note that you must fill all the columns in the Payment Link marked with a (*). Such columns are rendered as mandatory and until and unless you do not fill the said columns you shall not be able to access the Payment Gateway for your Product(s)/ Good(s).
2. After filling the relevant details you must make the payment through the Payment Gateway duly incorporated in our Website.
3. Essma Felts Limited does not follow the policy of payment on delivery. Your Order shall only be tendered as ‘complete’ once you make the payment through the Payment Gateway and you receive a receipt from us through an E-Mail with the Captioned Subject as “Reg. Your Complete Order”.
1. The price of the product that is displayed on www.souffle.co.in (which is the Website of Essma Felts Limited) is the final price of the relevant product including the delivery & packaging charges for deliveries made in India only. There are no hidden charges or cost.
Out of Stock:
1. If we discover that there is no availability of the product, we will inform you as soon as possible and will give you an update on the availability of the same product through an E- Mail before delivering the order at your doorstep or would cancel it. The said payment made by you shall be refunded to you within 7 business days after having consulted the appropriate bank through which the payment is made by you.
1. We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fill your order and for further follow-up. We will not sell or redistribute your information to anyone.
2. We may use the information provided by you for updates, notifications, changes, new schemes and promotional activities.
Risk and Title
1. The Products will be your responsibility from the time of delivery.
2. Ownership of the Product(s) will only pass to you on the later of either:
a. Delivery; or
b. When we receive full payment of all sums due in respect of the Products.
3. By signing for your order it is an acknowledgement of acceptance of the items.
1. Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) our obligations in respect of defective products under the Consumer Protection Act 1986;
(d) any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2. Subject to the provisions 1(a) to 1(f) of this section above and 3(a) to 3(g) of this section below, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.
3. Subject to 1(a) to 1(e) of this section above, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time or
(g) indirect, consequential or special loss or damage.
4. However, this will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 3(a) to 3(g) of this section above.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
3. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
1. If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
OUR RIGHTS TO VARY THE TERMS AND CONDITIONS
1. We own or are licensed users of all intellectual property rights in our website and all mat erial and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.
2. Our website is provided on an ‘as is’ and ‘as available’ basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.
3. While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Indian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Gurgaon ,Haryana.