Terms of service
LAST REVISION: [21-09-2017]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement governs your use of this website, www.aelomart.com , “AELOMART” offer of products for purchase on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. AELOMART reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. AELOMART encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
ELECTRONIC COMMUNICATION
By visiting our site aelomart.com or sending e-mails to us you are communicating with us electronically, You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS.
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete . Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate or block access of your account with the Website and refuse to provide you with access to the Website.
INTELLECTUAL PROPERTY RIGHTS
AELOMART is the sole owner or lawful licensee of all the rights to the web site and its content and photographs.This license does not include or provide any downloading or copying of account information for the benefit of another vendor or any other third party You are not entitled to transmit any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Any unauthorized use by you shall terminate the permission or license granted to you by us and the Site.
TRADEMARK
The icons, and logos are registered trademarks or trademarks and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
IMAGE RIGHTS
All rights to use website images and text is prohibited unless explicit permission from AELOMART has been granted.
CANCELLATION POLICY
There may be certain fraudulent orders that we will be unable to accept it and we may cancel the order. We may also require additional verifications or information before accepting any order.Customer can send cancellation request via email within 24 hours of purchase. Your amount will be refunded with 5-7 business days.
RISK OF LOSS
All items purchased from AELOMART are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to you.
SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT
If we find users with multiple accounts and any fraudulent. We keep the right for the suspension of account and cancellation of order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, or distributors.
SITE ACCESS
AELOMART reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and AELOMART may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, AELOMART reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until AELOMART chooses, in its sole discretion and without advance to you, to terminate it.
FRAUDULENT
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
PRICING
We sought to provide you with the most suitable, fair and best prices possible for the products that you find on our Site. Prices and availability of such products at our Site are subject to change without any prior notice.
THIRD PARTY LINKS.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
NO WARRANTY AND DISCLAIMERS
The website and products are offered on an ” as is” and “as available” basis. AELOMART expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non infringement with respect to the products and website.
LIMITATION OF LIABILITY
AELOMART entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
AELOMART is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by AELOMART agents.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless [Business Name], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to AELOMART. When AELOMART is threatened with suit or sued by a third party, AELOMART may seek written assurances from you concerning your promise to indemnify AELOMART; your failure to provide such assurances may be considered by AELOMART to be a material breach of this Agreement. AELOMART will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of AELOMART choice at its expense. AELOMART will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend AELOMART against any claim, but you must receive AELOMART prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
PRIVACY
AELOMART believes strongly in protecting user privacy. Please refer to AELOMART privacy policy, incorporated by reference herein, that is posted on the Website.
SHIPPING
Title and risk of loss for all products ordered by you shall pass on to you upon AELOMART shipment to the shipping carrier.
DISPUTES
Any dispute relating in any way to your visit to visit aelomart.com or to products you purchase through aelomart.com shall be submitted to confidential arbitration in New Delhi, India,Arbitration.All disputes are subject to Delhi Jurisdiction.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure. AELOMART will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. AELOMART may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and AELOMART and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of AELOMART to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the New Delhi,Delhi. This Agreement will be governed by the laws of the State of DELHI without regard to its conflict of law principles to the contrary. Neither you nor AELOMART will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. AELOMART reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and AELOMART may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, AELOMART reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until AELOMART chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. AELOMART makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. AELOMART may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.