This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and EARTH GARDEN (“Company” or “us” or “we” or “earthgarden.in”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTRODUCTION
Welcome to Earth Garden. Please review the following terms and conditions carefully.
You are bound by these terms of use whenever you access, browse, purchase from or otherwise use Earth Garden. By implication or expressly accepting these Terms of Use, you also accept and agree to be bound by Earth Garden Policies as amended from time to time. By mere use of the website, you shall be contracting with Earth Garden and these terms and conditions including the policies constitute your binding obligations, with Earth Garden.
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
RIGHT TO CHANGE
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 or made purchases from our website.
PRIVACY
Earth Garden values the trust that you have placed in us. We respect your privacy and recognize your concerns about the protection of your information. Additionally, when you make a purchase or attempt to make a purchase through the website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. Our website encrypts your credit card number and other personal information by using Secure Socket Layer (SSL) technology to provide for the secure transmission of all data.
ELECTRONIC COMMUNICATIONS
When you use any of our services or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. 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 legal requirements would be nonconformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
PRODUCT DESCRIPTION
The photographs of the products on this website are as close to the originals as possible. However the colors you finally see depend on your monitor and we cannot guarantee that your monitor's display of any color will be accurate.
PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from prices that are available in stores. Further, the prices displayed in our catalogs may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices reflect the MRP including taxes.
INACCURACY DISCLAIMER
Occasionally there may be typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability on our website or catalogs. Earth Garden 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).
ADVERTISING MATERIAL
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 website will be subject to www.earthgarden.in terms and conditions which are available on request.
INDEMNIFICATION
You agree to indemnify and hold harmless Earth Garden 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.
WAIVER
The failure by Earth Garden 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 Earth Garden of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between “YOU” and “Earth Garden” hereto shall be determined and governed according to the laws of India. If any dispute arises between you and Earth Garden regarding your use of the Website or Your dealing with Earth Garden in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
GRIEVANCES
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to earthgarden1@gmail.com.
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between YOU and Earth Garden hereto shall be determined and governed according to the laws of India. If any dispute arises between you and Earth Garden regarding your use of the Website or Your dealing with Earth Garden in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
GOVERNING LAW
These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.
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.
