Terms & Conditions
The terms refer to the Company as a provider for home products
GENERAL
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www. ellementry.com.
(a) The domain name www.ellementry.com (hereinafter referred to as “the Website”) is owned by Dileep Essentials Private Limited (hereinafter referred to as the “Company”), having its registered office at 618, Mahaveer Nagar, Tonk Road, Jaipur- 302018.
(b) For the purpose of these Terms of Use, wherever the context so requires "you" or "user" shall mean any natural or legal person who has agreed to become a buyer on the Website and ordering the goods and services available on the Website by providing registration data while registering on the Website. The site also providing its services without registration does not absolve you of this contractual relationship. The term "Ellementry" or “we” or “us” shall mean the Company. The headings of each Section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
(c) The use of this Website by you is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.
(d) We hold the sole right to modify the terms of service without prior permission from you or informing you. The relationship creates a duty on you to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, it is deemed as consent by you to the amended policies. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Ellementry’s Policies (including but not limited to Privacy Policy, Return and Shipping Policy; available at www.ellementry.com) as amended from time to time.
ABOUT US
We take the orders online, collect payments and deliver the products at the doorstep of the user. Any order placed by you is subject to product availability, delivery capacity and acceptance by Ellementry.
Use of this Website/Application is only available to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website, you may do so through your legal guardian and the Website/Application reserves the right to cancel your order on knowledge of you being a minor and having registered on the Application or availing any of its services without a legal guardian.
If you use the Website/Application, you shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website/application and refuse to provide you with access to the Website.
You are required to provide Ellementry with your e-mail and/or mobile number, login/ password while placing your order through this Website/Application. By using this Website/Application, it is deemed that you have consented to receiving calls, auto dailed and/or pre-recorded message calls, from us at any time with the use of the number that has been provided by you for the use of this Website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS from us at any time we deem fit. This consent to be contacted is for purposes that include and is not limited to clarification calls and marketing and promotional calls. In case you wish to stop the same, you may send us an email to the effect at www.ellementry.com. You may also be contacted by service providers or third party through SMS or calls; with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.
The Website/Application is a platform that users utilize to meet and interact with one another for their transactions. Ellementry is not and cannot be a party to or control in any manner any transaction between the Website’s users.to browse through the variety of products available for sale/export. The transactions between Ellementry and the users shall be kept confidential.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the Courts located at Jaipur, and you hereby submit to the jurisdiction of such Courts.
Disclaimer: Pricing on any product(s) as is reflected on the Website/Application may due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event Ellementry may cancel such order(s).
Membership on the Website is free for buyers. Ellementry does not charge any fee for browsing on the Website. Ellementry reserves the right to change its fee policy from time to time. In particular, Ellementry may at its sole discretion introduce new products/services and modify some or all of the existing products/services offered on the Website. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
You are a restricted user of this website. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted.
8.1 You agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is specifically banned. You acknowledge and agree that by accessing or using the Website/Application or services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, you may report such allegedly offensive content.
8.2 In places where this website/Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without our prior explicit consent. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those, that may involve personal injury. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall Ellementry assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in the Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Contents Posted on Site
Ellementry is liable only for the contents posted by it on the Website and holds no responsibility for any other content posted by any user or third party. Content(s) if posted by anyone other than Ellementry, that party shall solely be liable for such content(s).
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Ellementry’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide. You agree that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Privacy
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, including sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available at Privacy . If you object to your Information being transferred or used in this way please do not use this Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to enforce our user Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information, if required to do so by law or in the good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; responding to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share some of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to your personal information.
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 site are provided 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, Ellementry does not warrant that:
Ellementry will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Ellementry does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state laws and if the seller is unable to deliver such products due to implications of different state laws, the seller will return or will give credit for the amount (if any) received in advance by the seller from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
further:
Payment Facility for Buyers:
Compliance with Laws:
9.1 From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
9.2 We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other users may be false. We are not responsible for any such data.
9.3 We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
9.4 From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own risk.
This site is controlled and operated by Ellementry and products are sold by different sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, 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, whether in money or otherwise, is a commercial use for the purposes of this clause.
You agree to defend, indemnify, and hold harmless ELLEMENTRY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses arising from:
(i) Your use of and access to the website and/or the service;
(ii) Your violation of any term of these Terms; or
(iii) Your violation of any third party right, including without limitation any copyright, trademark, trade secret, or other property, or privacy right; or
(iv) Any claim that your content caused damage to a third party;
This defense and indemnification obligation shall survive termination, modification or expiration of these Terms and your use of the service and the website.
You acknowledge and agree that ELLEMENTRY may establish limits from time to time concerning use of the service, including among others, the maximum number of days that content will be maintained or retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service or the website. You acknowledge and agree that ELLEMENTRY has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the website or the service. You acknowledge and agree that ELLEMENTRY in its sole and absolute discretion, has the right (but not an obligation) to delete, or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services Immediately and without notice and remove and discard any content within the service, for any reason or no reason at all, including without limitation, if ELLEMENTRY believes that you have violated these Terms.
In the event of a force majeure act or upon the outbreak of certain natural and/or man-made calamity such as earthquake, war, riots, epidemics etc. the parties may be absolved of their responsibilities as warranted under these terms at the instance of Ellementry. Should the force majeure event permanently absolve a party of any of its responsibilities under these terms, the accounts and dues shall be settled.
If you have any issue to report with respect to the website or the service/order, you can contact our Customer Delight Team.
Name: Punaam Jain
Designation: Head - Operations
Email: customerdelight@ellementry.com
15. GIFT CARDS:
1. Gift Cards can be redeemed only online at www.ellementry.com and NOT in ellementry stores.
2. Gift Cards are one-time use vouchers only.
3. Gift Cards cannot be used to purchase other Gift Cards.
4. Gift Cards can be redeemed by selecting the payment mode as ‘Pay via Gift Card’ on step 3 during checkout.
5. If the order value exceeds the Gift Card amount, the balance must be paid by Credit Card/Debit Card/Internet Banking/UPI.
6. Gift Cards will expire 1 year from the date of issue, and any corresponding unused balance shall be forfeited thereafter.
7. If the order value is less than the amount of the Gift Card, the outstanding balance (after deduction of the order value) shall be forfeited thereafter.
8. Gift Cards cannot be redeemed for cash or credit.
9. You are solely responsible for the safety and security of the Gift Cards.
10. The Gift Card unique code is confidential. In the event of any misuse of the Gift Card due to the loss of such confidential details through the fault of the purchaser, ellementry shall not be responsible for the same, and no refund can be issued.
11. The validity of Gift Cards cannot be extended, and new Gift Cards cannot be provided against expired/unused Gift Cards.
12. Gift Cards are a prepaid instrument subject to regulations by the Reserve Bank of India. ellementry will be legally required to share details of the purchase of the Gift Cards and/or transactions undertaken using the Gift Card with the RBI or other statutory authorities.
13. The issuer is also required to share the Know Your Customer (KYC) details of the purchaser/redeemer of the Gift Cards with the RBI or other statutory authorities, as per statutory guidelines issued from time to time. ellementry may contact the purchaser of the Gift Card in this regard.
14. There is no fee or other charges associated with the purchase of Gift Cards.
15. A Gift Card once purchased cannot be cancelled, and no refund is applicable.
16. Extra VAT may apply in addition to the unit sale price on certain products, but the final inclusive price will not exceed the 'M.R.P.'
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