Terms & Conditions
TERMS AND
CONDITIONS
Applicable Law
Kreative Konsultants.in
is created and administered by Kreative Konsultants, Uttar Pradesh, India; as
such the laws of India shall apply; courts in Uttar Pradesh shall have
jurisdiction in respect of all the terms, conditions and disclaimers. Kreative
Konsultants reserves the right to make changes to the site and the terms, conditions
and disclaimers.
Eligibility
You represent and
warrant that you are competent and eligible to enter into legally binding
agreement and have the requisite authority to bind the other party to this
Agreement. You shall not use this Site if you are not competent to contract
under the applicable laws, rules and regulations.
Term of Agreement/Service
The Agreement shall
continue to be valid and is in effect as long as you are using the services of Kreative
Konsultants. Kreative Konsultants provides a b2c online shopping platform
wherein the Users can purchase/buy the products listed on the website in
accordance to the terms and conditions set forth. You are agreeing to use the
services in a manner consistent with and abide by the terms and conditions of this
Agreement, our Privacy Policy, and with all applicable laws and regulations.
Payment Services
We as a merchant
shall be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly out of the decline of authorization for any Transaction,
on Account of the Cardholder having exceeded the preset limit mutually agreed
by us with our acquiring bank from time to time.
User Account Data
·
Kreative Konsultants respects the privacy of every
individual. We protect the personal information in accordance with our privacy
policy and respect the confidentiality of our visitors and subscribers.
·
We share only the necessary information for
processing the order(s) to our trusted logistics and business partners.
·
Individual users are also responsible for
maintaining the confidentiality and security of your account and password and
you agree to accept the responsibility for all the activities that occur using
your account and password.
·
Kreative Konsultants shall not be responsible for
any loss or damage due to failure to safeguard your account.
·
Kreative Konsultants holds the right to
indefinitely suspend or cancel any account, if the data found to be inaccurate
or mischievous and can refuse the user to access the site.
·
You shall notify here of any suspected unauthorized
use(s) of your account, or any breach of security, including loss, theft, or
unauthorized disclosure of your account password.
Electronic Communication
Users agree to
receive communication from Kreative Konsultants electronically either by
e-mails or through announcements on the website.
Shopping Portal
Products, services and information displayed on www.Kreative Konsultants.com is to offer a convenient mode of shopping for the consumers.
You agree and confirm
that the services and features offered by Kreative Konsultants are for lawful
purposes only and comply with all governing laws and regulations while
transacting on the site.
You agree to provide
accurate information in all instances when such information is requested
failing which Kreative Konsultants holds the right to indefinitely suspend or
cancel any account.
You agree to read
thoroughly the product descriptions and specifications and you agree to be
bound by the conditions of sale included in the item's description by placing
an order.
In case of inaccurate
shipping address given by you while placing your order, you agree to bear the
additional shipping charges incurred by Kreative Konsultants for redelivery.
Credit card details
You agree, understand
and confirm that the credit card details provided by you for availing of
services on shopping will be correct and accurate and you shall not use the
credit card which is not lawfully owned by you. You further agree and undertake
to provide the correct and valid credit card details to Kreative Konsultants.
Further the said information will be not be stored, utilized and shared with
any of the third parties by Kreative Konsultants unless required by law,
regulation or court order.
Pricing Information
While Kreative
Konsultants strives to provide accurate product and pricing information,
pricing or typographical errors may occur. Kreative Konsultants cannot confirm
the price of a product until after you order. In the event that a product is
listed at an incorrect price or with incorrect information due to an error in
pricing or product information, Kreative Konsultants shall have the right, at
our sole discretion, to refuse or cancel any orders placed for that product,
unless the product has already been dispatched. In the event that an item is
mis-priced, Kreative Konsultants may, at its discretion, either contact you for
instructions or cancel your order and notify you of such cancellation. Unless
the product ordered by you has been dispatched, your offer will not be deemed
accepted and Kreative Konsultants will have the right to modify the price of
the product and contact you for further instructions using the e-mail address
provided by you during the time of registration, or cancel the order and notify
you of such cancellation. In the event that Kreative Konsultants accepts your
order the same shall be debited to your credit card account and duly notified
to you by email that the payment has been processed. The payment may be
processed prior to Kreative Konsultants dispatch of the product that you have
ordered. If we have to cancel the order after we have processed the payment,
the said amount will be reversed back to your credit card account.
Product Specifications Listed on Product Pages
The official brand
websites of the products have been generally used as the primary source for
information. Where such information is lacking in completeness, other secondary
sources have also been used. While we make every effort to ensure that the product
specifications provided on product pages on Kreative Konsultants are as
accurate as possible, we can't guarantee that the information provided is
always 100% error free or accurate.
Cancellation by Kreative Konsultants
Please note that
there may be certain orders that we are unable to accept and must cancel. We
reserve the right, at our sole discretion, to refuse or cancel any order for
any reason. Some situations that may result in your order being cancelled
include limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information, or problems identified by our credit
and fraud avoidance department. We may also require additional verifications or
information before accepting any order. We will contact you if all or any
portion of your order is cancelled or if additional information is required to
accept your order. If your order is cancelled after your credit card has been
charged, the said amount will be reversed back in your Card Account.
Disclaimers
The Site is provided
without any warranties or guarantees and in an "As Is" condition. You
must bear the risks associated with the use of the Site. The Site provides
content from other partner sites or resources and while Kreative Konsultants
tries to ensure that material included on the Site is correct, reputable and of
high quality, it cannot accept responsibility if this is not the case. Kreative
Konsultants will not be responsible for any errors or omissions or for the
results obtained from the use of such information or for any technical problems
you may experience with the Site.
This disclaimer does
not apply to any product warranty offered by the manufacturer of the product as
specified in the product specifications. This disclaimer constitutes an
essential part of this User Agreement.
To the fullest extent
permitted under applicable law, Kreative Konsultants or its suppliers shall not
be liable for any indirect, incidental, special, incidental, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in connection
with the Site, its services or this User Agreement.
Without prejudice to
the generality of the section above, the total liability of Kreative
Konsultants to you for all liabilities arising out of this User Agreement is it
in contract is limited to the value of the product ordered by you.
Kreative Konsultants,
its associates and technology partners make no representations or warranties
about the accuracy, reliability, completeness, correctness and/or timeliness of
any content, information, software, text, graphics, link statics or
communications provided on or through the use of the Site or that the operation
of the Site will be error free and/or uninterrupted. Consequently, Kreative
Konsultants assumes no liability whatsoever for any monetary or other damage
suffered by you on account of the delay, failure, interruption, or corruption
of any data or other information transmitted in connection with use of the
Site; and/or any interruption or errors in the operation of the Site.
Indemnity
User agrees to defend,
indemnify and hold harmless Kreative Konsultants, its employees, directors,
officers, partners and their successors and assigns from and against any and
all claims, liabilities, damages, losses, costs and expenses, including
attorney's fees, caused by or arising out of claims based upon the use of
User's actions or inactions, including but not limited to any warranties,
representations or undertakings or in relation to the non-fulfillment of any of
its obligations under this Agreement or arising out of the User's infringement
of any applicable laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by other
subscribers and infringement of intellectual property or other rights.
Limitation of Liability
Kreative Konsultants
expressly disclaims any claim or liability arising out of uploading of any
obscene, vulgar or pornographic images, photograph or text or altering or
distorting the images available under this service in an obscene, vulgar or
pornographic manner. User agrees and acknowledges that user shall be solely
responsible for user's conduct and that Kreative Konsultants reserves the right
to terminate your rights to use the service immediately, notwithstanding penal
provisions under the Indian cyber laws or any other allied laws enacted by the
government of India or any other statutory, legislative or regulatory authority
authorized in this regard from time to time.
In no event shall Kreative
Konsultants be liable for any direct, indirect, punitive, incidental, special
or consequential damages or for any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising out of or in any
way connected with the use or performance of the Kreative Konsultants
sites/services for interrupted communications, delay, lost data or lost profits
arising out of or in connection with this agreement, even if Kreative
Konsultants has been advised of the possibility of damages, or inability to use
the Kreative Konsultants sites/services or related services, the provision of
or failure to provide services, or for any information, software, products,
services and related graphics obtained through the Kreative Konsultants
sites/services, or otherwise arising out of the use of the Kreative Konsultants
sites/services, whether based on contract, tort, negligence, strict liability
or otherwise, even if Kreative Konsultants or any of its suppliers has been
advised of the possibility of damages. Kreative Konsultants does not endorse in
anyway any advertisers/ contents of advertisers on its web pages.
Entire Agreement
If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed to be superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and Kreative Konsultants with
respect to the Kreative Konsultants sites/services and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between you and Kreative Konsultants with respect to the Kreative
Konsultants sites/services. Kreative Konsultants's failure to act with respect
to a breach by you or others does not waive its right to act with respect to
subsequent or similar breaches.