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Terms of Use and Conditions of Sale

INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS

Ebullientech Interactive LLP (hereinafter referred as ‘EIL’ or ‘We’ or ‘Us’ or ‘Our’ or ‘the Company’ or ‘Website’) provides its services/products to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. ​

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereinafter referred to as ‘You’ or ‘Your’ or ‘the User’ or ‘the Customer’) and EIL. Both parties accept these Conditions unconditionally. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unconditionally accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and EIL as they are used to protect your rights as a valued customer and our rights as a business.

ELECTRONIC COMMUNICATIONS

When you visit EIL or send e-mails to us, you are communicating with us electronically under the provisions of Information Technology Act, 2000. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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, and you hereby expressly waive any objections thereto.

LICENSE TO ACCESS THE WEBSITE

EIL grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EIL. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of any third party: or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EIL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EIL and our associates without express written consent of EIL. You may not use any meta tags or any other "hidden text" utilizing EIL’s name or trademarks without the express written consent of EIL.

Any unauthorized use terminates the permission or license granted by EIL. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of EIL so long as the link does not portray EIL, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use EIL logo or other proprietary graphic or trademark as part of the link without our express written permission/consent.

ACCESS TO THE WEBSITE

We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with the website of the Company by entering your email and choosing a secure password. We highly recommend that you choose a strong password and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using the website of the Company in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is accurate, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

We do not guarantee that the Website or any content provided on the Website is error-free.

We manage your visit to our website and also your personal data according to our Privacy Policy. Therefore, you are requested to review our Privacy policy.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you shall not use our website except with the involvement and through an account of a parent or guardian. If you are ineligible to contract as per the Indian Contracts Act, you are not permitted to use this website, or place an order for any products displayed on the Website. EIL and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

EIL reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant EIL and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EIL and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify EIL or its associates for all claims resulting from content you supply. EIL has the right but not the obligation to monitor and edit or remove any activity or content. EIL takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT INFORMATION

EIL takes reasonable care when putting product information, descriptions and images online. However, EIL does not warrant such product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Therefore, EIL will not be held responsible for any mistakes or omissions to any information given. If a product offered by EIL itself is not as described, your sole remedy is to return it in unused condition.

PRICES

The prices indicated on EIL’s website are shown in Indian Rupees and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment, but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

AVAILABILITY

We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality.

SECURE PAYMENT

All transactions are completed using third party payment gateway providers. These payment options use advanced software encryption to keep your transaction secure and do not cost you anything to use (the Company is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments.

DELIVERY

Your order will be delivered to the address and pin code you indicated when your order was placed. EIL does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event beyond our control, strikes, riots, unrest or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place. Delivery is made to your room of choice.

DAMAGED GOODS

In case of goods received in damaged condition or and incomplete order, you are to accept the delivery and inform our Customer Support Centre at customer@Pbo.nyc, giving them details of damage or short shipment along with invoice number. You will be required to ship the goods back to us as per directions conveyed to you by our Customer Support. Details and time frame of receiving replacement goods/refunds will be intimated to you by our Customer Support Centre. All damage reports are to be made within 7 days of receiving the product after which we will not be in a position to entertain any claims there off.

DEFERRED DELIVERY

In case our delivery partner attempts to perform a delivery as per your booked time slot and day, and your premises are found locked or you are unavailable, a second attempt will be made free of charge the same or next day. The timing of the delivery will be intimated to you by our delivery partner. If you are still unavailable for a period over 24 hours after the delivery period expiry, the delivery will be treated as cancelled and a fresh delivery request will have to be initiated by you on payment of our delivery charges.

RETURN OF PRODUCTS

EIL allows you 30 days to return a product that has been delivered to you in a defective state or does not match the description of the product we have provided. Your right to return starts from the moment your order is delivered. You need to email the EIL Customer Contact Centre at customer@Pbo.nyc  to give them the invoice number and details of products you wish to return. Our service partner will contact you to arrange to pick up, or you may need to ship the Products back to us as per our directions.

Shipping fees remain the customer’s responsibility as per our delivery charges. The present right of return only applies to products that are returned in their original, complete, unassembled condition with preferably the original packaging accompanied with original invoice.

RISK OF LOSS

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

You are therefore requested to check the product at the time of accepting the delivery and notify EIL in case you notice any defect/damage in the products.

FOR REIMBURSEMENTS:

In case the refund is approved by EIL in respect of any transaction, the User will be reimbursed via the same payment method as was used initially by the Buyer.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THIS SITE IS PROVIDED BY EIL ON AN "AS IS" AND "AS AVAILABLE" BASIS. EIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EIL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF NOTWITHSTANDING THE FOREGOING, EIL IS HELD LIABLE TO YOU, EIL’S LIABILITY WILL NOT EXCEED THE VALUE OF THE FEES PAID BY YOU TOWARDS THE PRODUCT IN QUESTION.

PRIVACY AND PROTECTION OF PERSONAL DATA

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Also, please note that the details you give us are essential for the processing and delivering your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.

APPLICABLE LAW

By visiting EIL website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EIL.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for selling the EIL Products in India.

EIL makes no representation that materials on the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than above cities do so on their own initiative and EIL is not responsible for supply of products/refund for the products ordered from other locations/Countries other than above-mentioned territory, compliance with local laws, if and to the extent local laws are applicable.

You also agree that the courts of Mumbai, India, shall have the exclusive jurisdiction with respect to all disputes, which may arise between EIL and you.

OWNERSHIP OF INTELLECTUAL PROPERTY

All the content on website of EIL (illustrations, texts, names, brand names, images, and videos) is the sole property of EIL or in some cases, of its licensors. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by EIL. All information, content, and files are protected by International law concerning intellectual ownership and copyright. EIL cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offense of forgery, which is severely punished under the Intellectual Property Code.

EIL will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

WEBSITE POLICIES & MODIFICATION THERETO

EIL Website is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website, these Terms of Service and our other policies such as our Shipping and Returns policy, posted on this site, from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agreed to the changes.

WAIVER AND SEVERABILITY

Any failure, on the part of the Company, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue to be in full force and effect.

Product Review

We display both positive and negative reviews but all content is moderated to ensure it is appropriate for publication on our website. This means that after you submit your review it will not immediately appear on our website. We reserve the right to accept or reject any product review submitted to us and we may edit the length and/or content of any review as we see fit.

You agree that you will not submit any content:

  • That is false, inaccurate, misleading, defamatory, libellous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, fraudulent or otherwise objectionable;
  • That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • For which you were compensated or granted any consideration by any third party;
  • That violates any local, national or international law;
  • That references other companies or websites; That contains any computer viruses, worms or other potentially damaging computer programmes or files;
  • That includes unsolicited promotions, mass mailings or spamming, political campaigning, advertising or solicitations;
  • That includes the personal information of any third party.

Once your review has been submitted you will not be able to edit it. If you would like to have your review removed from our website, please contact us.

Personal information

To make sure your review can be published, please do not include any personal information including your full name, contact details or email address.

In order to comply with the law, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider to be necessary or appropriate, including, without limitation, user profile information, IP address and posted reviews. Please refer to our Privacy Policy for further information.

Ownership of content

By submitting a review you grant EIL and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such review throughout the world in any media without compensation to you. You acknowledge that we may choose to provide attribution of your comment or review at our discretion.

Our liability to you

Although we will do our best to moderate all reviews posted, we assume no liability for any reviews posted, stored or uploaded by you or any third party. We will not be held liable for any loss incurred by you as a result of a review published on our website.

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