TERMS AND CONDITIONS

 

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.

 

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.charma.com website.

 

The domain name www.charma.com (hereinafter referred to as "Website") is owned by _______________ Private Limited a company incorporated under the Companies Act, 1956 with its registered office at_____________________________, India (hereinafter referred to as “Charma”).

 

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, 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 Charma Internet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Charma.

 

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 by providing Registration Data while registering on the Website as Registered User using the computer systems. Charma allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Charma Private Limited.

 

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. 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 THESETERMS 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 Charma Policies ((including but not limited to Privacy Policy available on http://www.charma.com/s/privacypolicy) as amended from time to time.

 

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Charma website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Charma reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Charma’s notice or if it is discovered that you are under the age of 18 years.

 

Your Account and Registration Obligations

If You use the Website, 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 and refuse to provide You with access to the Website.


Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.


Please read these conditions carefully before using the website as by using the website, you signify your agreement to be bound by these conditions to.

 

Your Account

When you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

 

Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.

 

Privacy

Please review our Privacy Policy, which also governs your visit to Charma.com, to understand our practices.

 

Access to Charma.com

We will try to make the website error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will try to keep this to a minimum.

 

Licence for website access

Charma grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from M/s Charma . This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

 

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Charma without express written consent. You may not use any metatags or any other ‘hidden text’ utilizing Charma' or its affiliates' names or trademarks without the express written consent of M/s Charma active wholesale Private Limited. Any unauthorised use terminates the permission or license granted by M/s Charma active wholesale Private Limited.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at www.Charma.com as long as the link does not portray M/s Charma , or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Charma logo or other proprietary graphic or trademark as part of the link without our express written consent.

 

Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You must not use the website for any of the following:

for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’

to cause annoyance, inconvenience or needless anxiety

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CHARMA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CHARMA SERVICES ARE PROVIDED BY CHARMA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHARMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CHARMA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CHARMA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CHARMA SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHARMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARMA DOES NOT WARRANT THAT THE CHARMA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CHARMA SERVICES, CHARMA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CHARMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHARMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CHARMA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CHARMA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

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.

 

DISPUTES

Any dispute or claim relating in any way to your use of any Charma Service, or to any products or services sold or distributed by Charma or through Charma.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Indian Arbitratin act 1996 Act apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

By using any Charma Service, you agree for all applicable law, 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 Charma.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Charma Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be 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 condition.

 

COPYRIGHT AND DATABASE RIGHTS

All content included on the website, such as photographs, text, graphics, logos, button icons, images and software, is the property of M/s Charma active wholesale Private Limited, its affiliates or its content suppliers The compilation of all content on this website is the exclusive property of M/s Charma .All software used on this website is the property of M/s Charma or our software suppliers .

You may not systematically extract and/or re-utilize parts of the contents of the website without M/s Charma active wholesale Private Limited express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization any substantial parts of this website, without M/s Charma active wholesale Private Limited express written consent. You also may not create and/or publish your own database that features substantial parts of this website (e.g. our prices and product listings) without M/s Charma active wholesale Private Limited express written consent.

 

COPYRIGHT CLAIMS

M/s Charma wants to respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

 

TRADEMARKS

Charma and other marks indicated on our website are trademarks or registered trademarks of M/s Charma active wholesale Private Limited in the Indian jurisdictions. All other trademarks not owned by M/s Charma that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by M/s Charma active wholesale Private Limited.

 

OUR CONTRACT

When you place an order to purchase a product from M/s Charma active wholesale Private Limited, we will send you an email confirming receipt of your order and containing the details of your order. That email will also confirm the cost of delivery which will be added to the purchase price.

 

Your order represents an offer to us to purchase a product which is accepted by us when we despatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the goods (the ‘Shipment Confirmation E-mail’). That acceptance will be complete at the time we send the Shipment Confirmation Email to you. Any products on the same order which we have not confirmed in a Shipment Confirmation Email to have been dispatched do not form part of that contract. You can review the orders you have placed and their current status at any time by clicking ‘Sign Up/My Account’ from the homepage at www.Charma.com. You are seeking to enter into a contract with M/s Charma active wholesale Private Limited, when you place an order.

 

RETURNS

Please review our Returns Policy, which applies to products purchased from us.

 

PRICING AND AVAILABILITY

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.

 

Despite our best efforts, a small number of the products in our catalogue are mis-priced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of that cancellation.

 

CHILDREN & MINORS (BELOW 18YRS.)

Charma.com does not sell products for purchase/use by children. If you are under 18 yrs, you are kindly requested to close the site.

 

ELECTRONIC COMMUNICATIONS

When you visit Charma.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. This condition does not affect your statutory rights.

 

ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our website, policies, and these Terms & Conditions at any time. You will be subject to the Terms & Conditions in force at the time that you use the website or that 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 will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the non-exclusive jurisdiction of the Indian courts. Your statutory rights are not affected by these terms and conditions

 

REFERRAL PROGRAM

If you refer to either invalid e-mail ids or to multiple e-mail ids which belong to you through our referral program, we reserve the right to cancel all points and/or orders pertaining to those fake accounts.

 

OUR DETAILS

Charma.com is a trading name of M/s Charma , a company registered in India .

You can contact us by clicking here.

Our registered address is :

 

M/s Charma

Address:- Charma.com

Ground Floor, Devbhoomi Shopping Complex,

Near Commerce Six Road,

Ahmedabad – 380009, Gujarat (India)

 
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