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Terms and Conditions
1. ONLINE STORE TERMS
a) By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this website.b) You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
c) You must not transmit any worms or viruses or any code
of a destructive nature.d) A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONSa) We reserve the right to refuse service to anyone forany reason at any time.b) You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. MODIFICATIONS TO THE SERVICE AND PRICESa) Prices for our products are subject to change without notice.
b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
c) We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. ACCURACY AND COMPLETENESS
a) Information Accuracy: We strive to maintain the most recent, accurate, and reliable information on our website. Despite our efforts, there may be instances where the information featured on the website contains incomplete data, typographical errors, or inaccuracies. Any errors are unintentional, and we apologize for any inconvenience caused by inaccurate information in product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or any other aspect affecting individual orders.
b) Content Presentation: Our content is presented 'as is,' and we make no claims to its accuracy, whether expressed or implied.
c) Color Representation: Please note that the colors of the products displayed on the website may vary depending on your monitor/screen, browser, or operating
software. We cannot guarantee that the display of color will be entirely accurate.d) Size and Measurement Accuracy: All sizes and measurements provided are approximate. While we make efforts to ensure accuracy, we recommend consulting the sizing guides available on the website for precise information.
e) Right to Amend Information: We reserve the right to amend errors, inaccuracies, or omissions and to update product information without prior notice. In the event that a product is listed at an incorrect price due to a photographic error, typographical error, or misinformation from our manufacturers or suppliers, we retain the right to refuse or cancel any orders placed for products listed at the incorrect price. This applies regardless of order confirmation and payment status. If your payment has already been processed, and your order is canceled, a refund may be issued to you for the amount of the incorrect price.
5. ACCURACY OF BILLING AND ACCOUNT INFORMATION
a) 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.b) You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. OPTIONAL TOOLS
a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
b) You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
d) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
7. THIRD-PARTY LINKS
a) Certain content, products and services available via our Service may include materials from third-parties.
b) Third-party links on this website 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.c) 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.
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9. PROHIBITED USES
a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet.b) We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a) We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
d) You expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.e) In no case shall THE POPPY HOUSE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.11. SEVERABILITY
a) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. TERMINATION
a) The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).13. ENTIRE AGREEMENT
a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).14. FORCE MAJEURE
a) Force Majeure Exception: In the event that, despite our reasonable efforts, we are unable to fulfill an obligation due to force majeure, it shall not be
considered a breach of our contract with the customer.b) Definition of Force Majeure: Force majeure encompasses any factor affecting the performance of our obligations that arises from acts, events, omissions,
happenings, or non-happenings beyond our reasonable control. This includes, but is not limited to, governmental regulations, fire, flood, disasters, or
industrial disputes affecting a third party.15. OFFERS AND PROMOTIONS
a) Modification and Termination: We reserve the right to modify, alter, terminate, or discontinue promotions at any time, for any reason, without prior notice.
b) Promotional Code Conditions: Unless explicitly stated otherwise in the terms and conditions for a specific promotional code, codes cannot be combined and are not valid in conjunction with any other offer or discount. In cases where multiple promotional codes are available, it is the responsibility of the customer to choose the code that provides the greatest benefit.
16. PRODUCTS OR SERVICES
a) Exclusivity and Limited Quantities: Our products or services are exclusively available online through the website. Quantities may be limited.
b) Sales Limitations and Discretion: We reserve the right, without obligation, to
restrict the sale of our products or services to specific individuals,
geographic regions, or jurisdictions, on a case-by-case basis. We may limit
product quantities and change product descriptions or pricing at our sole
discretion. We also reserve the right to discontinue any product at any time,
and offers are void where prohibited.c) Quality and Service Warranty: We do not guarantee that the quality of any products, services, information, or other materials purchased will meet your expectations, nor do we warrant that any errors in the service will be corrected.
d) Sale Period Limitations: During sale periods, including but not limited to discount periods, additional credit notes and/or discount codes cannot be applied.
17. CHANGES TO TERMS OF SERVICE
a) Modification Authority: We retain the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. Such changes will be communicated through updates on our website. It is your responsibility to periodically check our website for any changes. Continued use of or access to our website or services following the posting of changes constitutes acceptance of the revised Terms of Service.
18. ENFORCEMENT OF TERMS OF USE
a) Only you and we shall have any rights to enforce any term of the contract formed between us.
b) The contract formed between us, which includes these Terms of Service and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.
c) If any of these Terms of Service or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.
d) To the maximum extent permitted by applicable laws, these Terms of Service, and any dispute or claim arising out of or in connection with these Terms of Service (including non-contractual disputes or claims), shall be governed by Indian law. The courts of India shall have non-exclusive jurisdiction to settle any
dispute or claim arising out of or in connection with these Terms of Service or
their subject matter.19. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us on our Contact Us page, via email: contact@thepoppyhouse.in or by writing to us:
The Poppy House
C-108, Sector A, Mahanagar
Lucknow, India 226006