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. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of website www.suryaincense.com [the “Website” and/or “www.suryaincense.com”] and its services and tools [taken together with the Website, the “Service(s)”] are governed by the following terms and conditions [the “Agreement”]. If you transact on www.suryaincense.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with THE SURYA EXPORTS, having its registered office at: 1065, Main Bazar, Pahar Ganj, New Delhi – INDIA , [the Exporter, Distributor and Trader of multiple leading brands of Incense sticks, hoop sticks, dhoop cones, oils and other related Handicraft items”] and these terms and conditions constitute your binding obligations.
For the purpose of these terms and conditions, wherever the context so require “YOU” shall mean any natural or legal person who has agreed to become a member of the website by providing Registration Data while registering on the website as Registered User using the computer system of the www.suryaincense.com.
When you use any of the services provided by the www.suryaincense.com, including but not limited to, [e.g., Customer Reviews], you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. www.suryaincense.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the website following the posting of changes shall mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, www.suryaincense.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
This Agreement contains the complete terms and conditions that apply to you in accessing, browsing, joining, buying, bidding, doing all other activities or otherwise using our website www.suryaincense.com. By using or shopping from this website, you agree to be bound by its terms of use and shall comply thereof, so please read this Agreement carefully before proceeding.
1. Access
Subject to the terms and conditions of this agreement, the services provided solely for user's own personal use, and not for the use or benefit of any third party. www.suryaincense.com may change, suspend or discontinue the services at any time, including the availability of any features or contents. www.suryaincense.com may also impose limits on certain features and services or restrict user's access to parts or all of the services without notice or liability.
2. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these conditions of sale at any time. You shall be subject to the policies and conditions of sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority [in which case it will apply to orders previously placed by you]. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
3. Privacy Policy and its changes
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures. Our current Privacy Policy is available. If you object to your information being transferred or used in this way please do not use our website – www.suryaincense.com.
Although most changes are likely to be minor, www.suryaincense.com may change its Privacy Policy from time to time, at its sole discretion. www.suryaincense.comencourages you to frequently check this page for any changes to its Privacy Policy. Your continued use of this website after any change in this Privacy Policy shall constitute your acceptance of such change(s).
4. Content and Copyright Policy
All the designs available on www.suryaincense.com are the intellectual property of Surya Incense and should not be replicated/used without our consent.
Surya and its affiliates respect the intellectual property of others. All artwork, designs and content on this website are meant to be used for inspiration and not official merchandise. If you believe that your content(s) or work has been used in a way that constitutes an infringement of your rights, please contact us at info@thesuryaexports.com.
5. Trademark, Copyright and its restriction(s)
This website is controlled and operated by www.suryaincense.com. All material on this website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on www.suryaincense.com website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person(s) to do so. Without our prior written consent, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration(s), whether in money or otherwise, is a commercial use for the purposes of this clause.
6. Membership
In order to enjoy all the benefits of www.suryaincense.com, user must register as Registered User and become a member [“Member”] or enter as a Guest. Membership requires that User register on the Website [including by filling-out all required personal information] and making a first purchase [“Products”] through the Website. User may opt out of marketing and promotional e-mails. User may cancel their membership at any time by sending e-mail. User shall not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. User shall never use another's www.suryaincense.com account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify suryaincense.com immediately of any breach of security or unauthorised use of your account. Although www.suryaincense.com shall not be liable for your losses caused by any unauthorised use of your account, you shall be liable for the losses of www.suryaincense.com or others due to such unauthorised use.
7. Responsibility of Website Members and Visitors
Violation of any of these agreements shall result in the termination of your www.suryaincense.com account. www.suryaincense.com and its designees shall have the right [but not the obligation] in their sole discretion to pre-screen, refuse, or remove any content that is available via the www.suryaincense.com services. Without limiting other remedies, we shall limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off www.suryaincense.com website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
8. Product Pricing and Description
Whilst many component parts of our products are standard, all products available for purchase are described on their specific design page on our website. We always try to represent each design as accurately as possible via photography and copy points provided by our designers, artists or photographers. However, we do not warrant that product description or other contents of this site is accurate, complete, reliable, current or error-free. If a product offered by www.suryaincense.com itself is not as described, your sole remedy is to return it in unused condition.
We have a policy of continuous product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the product description and design. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product and sizes might in some cases be approximate.
9. Taxes
Price of the products is inclusive of GST, as per the taxation rules applicable in the state.
10. Payments and Fees
www.suryaincense.com shall save Member's credit or debit card information and use it for all future shipments and charges which shall automatically be charged to the saved card, unless Member notifies www.suryaincense.com through website or e-mail. www.suryaincense.com currently accepts following credit cards at this time American Express, VISA, MasterCard. When you purchase a product(s), or use a service that has a fee, you shall be charged the current fees, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional even. The sale shall be submitted for processing as soon as you click on the “confirm” button. You will then receive an e-mail from us. By placing an order through the website, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We shall not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. Unless otherwise stated, all fees and payments are quoted in Indian Rupees. User is responsible for paying all fees, payments and applicable taxes associated with our website and services.
After receiving your order you will receive an e-mail from us confirming the details, description and price for the products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your product(s).
11. Shipping and Return Policy
Purchases are subject to suryaincense.com Return & Replacement policy.
www.suryaincense.com shall under no circumstances be held liable for any special losses due to specific circumstances of the customer. Orders are placed and received exclusively via website. Before ordering from us, it is member's responsibility to check and determine full ability to receive the products. Correct address and post code/zip code, up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of your products. All information asked on the checkout page must be filled in precisely and accurately. suryaincense.com shall not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. If you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact www.suryaincense.com via e-mail info@thesuryaexports.com reserves the right, and member hereby authorise www.suryaincense.com to, charge member for any damages up to the purchase price of the damaged product(s). Replacement of products and credits to member's account for products claimed as damaged or not received are subject to www.suryaincense.com investigation and discretion.
12. Cancellation Policy
[a] Cancellation by Surya Incense
www.suryaincense.com reserves the right to cancel any order without any explanation for doing so, under situation where www.suryaincense.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the www.suryaincense.com policy or for any other reason. However, www.suryaincense.com shall ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund shall be made in a reasonable time.
[b] Cancellations by the Customer
In case we receive a cancellation request and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us shall not be cancelled and you shall have to check our return policy on those orders. In case of customized products, no cancellations are allowed once the ordered item has been taken up for production. The customer agrees not to dispute the decision made by www.suryaincense.com and accept www.suryaincense.com decision regarding the cancellation.
13. Delivery
We deliver to most places in India. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Delivery lead time may vary however we aim to supply products within India within 3-7 working days of acceptance of order. However, in situations beyond our control, we cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date. This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your products as simple for you as possible. Depending on the location for the delivery different carriers and services might be used to deliver your order, but all will be of proven reliability. The products shall be your responsibility from the time of delivery. Ownership of the products shall only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
14. Fraudulent / Declined Transactions
www.suryaincense.com reserves the right to recover the cost of products, collection charges and lawyers fees from persons using the website fraudulently. suryaincense.com reserves the right to initiate legal proceedings against such person(s) for fraudulent use of the website and any other unlawful acts or omissions in breach of these terms and conditions.
15. Disclaimer of Warranties and Liability
This website, all the materials and products [including but not limited to software] and services, included on or otherwise made available to you through this website are provided on www.suryaincense.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, www.suryaincense.com does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
www.suryaincense.com shall not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, www.suryaincense.com website.
www.suryaincense.com does not warrant that this site; information, content, materials, products [including software] or services included on or otherwise made available to you through www.suryaincense.com website; their servers; or electronic communication sent from www.suryaincense.com are free of viruses or other harmful components.
Nothing on www.suryaincense.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on www.suryaincense.com are governed by different state laws and if www.suryaincense.com is unable to deliver such products due to implications of different state laws, www.suryaincense.com shall return or will give credit for the amount received by www.suryaincense.com from the sale of such product(s) that could not be delivered to you.
You shall be required to enter a valid phone number and e-mail ID while placing an order on www.suryaincense.com. By registering your phone number and e-mail ID with us, you consent to be contacted by www.suryaincense.com via phone calls and/or SMS notifications/e-mails, in case of any order or shipment or delivery related updates. www.suryaincense.com may also use your personal information to initiate any promotional e-mails and/or SMS'.
16. Indemnity
You shall indemnify and hold harmless suryaincense.com its owner, licensee, affiliates, subsidiaries, group companies [as applicable] and their respective partners, officers, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
17. Disclaimer
Due to continuous improvements in product quality, the actual product may occasionally differ from that illustrated or specified.
Not responsible for any omissions, typographical errors of descriptions and/or prices.
18. Limitation of Liability
In no event shall suryaincense.com be liable for any lost profits or special, incidental, indirect, exemplary or consequential damages of any kind including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses in connection with this agreement, even if www.suryaincense.com has been informed in advance of the possibility of such damages.
19. General
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we shall take action against all breaches of this agreement. We may amend this agreement at any time by posting the amended terms on this website.
20. Law & Jurisdiction
If a dispute arises between you and www.suryaincense.com, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 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] must be resolved by a court located in the state of Delhi. Any dispute or claim arising out of or in connection with agreement or its formation [including non-contractual disputes or claims] shall be subject to the non exclusive jurisdiction of the courts of the state of Delhi.
