This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of www.kalpvriksh.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with Kalpvriksh Retail, a Partnership firm with its office at 304, Adhiraj Gardens, Sector 5, Near Utsav Chowk, Kharghar, Maharashtra (India), hereinafter referred to as "the website owner" which expression unless the context otherwise require shall mean and include legal heir, receivers, successors, liquidators and permitted assigns of the Proprietor. These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as “Kalpvriksh”).
For the purpose of the User Agreement, Registered User / Visitor and 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 (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version of the User Agreement. A Registered User has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing cell number and email id. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button', or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.
Kalpvriksh may amend this User Agreement and/or Kalpvriksh Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via Kalpvriksh Website. The revised version will be effective at the time Kalpvriksh posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Kalpvriksh Policies. By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Kalpvriksh Policies as provided from time to time via hyperlinks on the website.
2) 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 member of the Website and shall not purchase any items on the Website. As a minor if you wish to purchase an item on the Website such purchase may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Kalpvriksh reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Kalpvriksh notice or if it is discovered that you are under the age of 18 years.
3) Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Kalpvriksh registration form or provided by You as Guest User (such information being the "Registration Data") 2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Kalpvriksh has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Kalpvriksh has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
4) Important Disclaimers on Use of the Website
The following disclaimers by the Kalpvriksh are the key to determine any relationship between You and the Kalpvriksh for Your use of the Website and for Kalpvriksh providing any services on the Website:
a) Kalpvriksh and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
b) Kalpvriksh, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
5) Electronic Communications
When You use the Website or send emails or other data, information or communication to Kalpvriksh, You agree and understand that You are communicating with Kalpvriksh through electronic records and You consent to receive communications via electronic records from Kalpvriksh periodically and as and when required. Kalpvriksh will communicate with You by email or electronic records on the Kalpvriksh Website which will be deemed adequate service of notice / electronic record.
6) Fees and Services
Membership on the Website is free. Kalpvriksh does not charge any fee for browsing or buying on the Website. Kalpvriksh reserves the right to change its Fee and Credit policies from time to time. In particular, Kalpvriksh may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Kalpvriksh reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies 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 and be payable to Kalpvriksh within such time as specified in the invoice.
Without limiting other remedies, Kalpvriksh may limit your activity, immediately remove your information, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
2. If Kalpvriksh is unable to verify or authenticate any information you provide; or
3. Kalpvriksh may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Kalpvriksh or use the Website in any manner whatsoever until such time that such User is reinstated by Kalpvriksh. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Kalpvriksh reserves the right to recover any amounts due and owing by you to Kalpvriksh and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
If Kalpvriksh has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide information that is false, misleading or not genuine, then Kalpvriksh may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Kalpvriksh reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Kalpvriksh may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any people who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Kalpvriksh strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to make a purchase. Willfully entering erroneous or fictitious information may result in prosecution by Kalpvriksh.
Please be aware that even if you do not give Kalpvriksh your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
10) COUPONS TERMS & CONDITIONS
2. User using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions.
3. The value and the mode of using the E-Coupon are mentioned in the electronic communication.
5. E-Coupons can be redeemed only on purchases made through www.Kalpvriksh.com on those listings which provides for an option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Kalpvriksh due to our risk containment measures.
6. One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupons shall be forfeited and the User cannot claim any benefit or a substitute E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
7. E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or discounts or promotions.
a. We are not responsible for any typographical error leading to an invalid coupon.
b. We are neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupon nor are we warranting or endorsing any product or services listed on www.kalpvriksh.com.
c. Kalpvriksh shall not be liable for any lost or stolen E-Coupon and E-Coupons once issued shall not be reissued.
9. Limitation of Liability: Under no circumstances Kalpvriksh’s liability shall exceed giving the User a replacement E-Coupon of the same nature and of the same value.
10. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Maharashtra (India) only.
All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do include all taxes. In case there are any additional charges or taxes the same will be mentioned on the website.
All payments must be received by us prior to shipping unless the order is placed by using Cash on delivery (COD) payment mode. We accept payment by net-banking, credit card, debit card, cash card, and mobile payments. EMI facility is also available with us.
13) Shipping and Handling
We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the products delivery to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services.
14) FREE 7 Day Return of Products
We will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered or product substantially differs from its description on the website, subject to the condition that we are informed about such discrepancies within 24 hours from the date of receipt of the product and provided that the products are returned in their original condition. Kalpvriksh reserves the right to assess damage and/or defect in order to approve FREE RETURN. For further details, please refer to Returns and Cancellation policy on the website.
15) Changes and Cancellation
Any item additions, quantity changes or specification changes made to accepted orders will be modified in the order details. All sales are final, provided, however, item cancellations and quantity reductions may be made before the order is shipped. We may, without liability, cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with the payment mode selected by you.
The orders can be cancelled, if these have not been shipped from our facility. If the order has been shipped, it cannot be cancelled, however you can return the order to Kalpvriksh, once you receive it, as per Kalpvriksh return policy. Kalpvriksh will charge a restocking fee of 10% of the order value or Rs 100, whichever is higher. Refund will be made after deducting such restocking fee as applicable within 7-10 working days.
16) License and Website Access
General: www.Kalpvriksh.com grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www. kalpvrisk.com.
No license for commercial sale: This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.
No reproduction: This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written consent of Kalpvriksh.com.
Risk of Loss
All items purchased from kalpvriksh are made pursuant to the shipment contract. This means that the risk of loss and title for such item passes on to you upon the products delivery.
17) Product Description
Kalpvriksh attempt to be as accurate as possible in describing the products. However, Kalpvriksh makes no warranties that the product description and any other content of its site are accurate, complete, reliable, current or error free. Incase product offered by Kalpvriksh is not as described on the website, its sole remedy is to return in its unused condition.
18) Site Policies, Modification, and Severability
Please review our other policies. We reserve the right to make changes to our website, policies, and these Terms and Conditions 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 will not affect the validity and enforceability of any remaining conditions.
19) Intellectual Property Rights
Copyright Protection: All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of Kalpvriksh.com or its affiliate sites and protected by the Indian Copyright law. The compilation of all the content on this site is the exclusive property of Kalpvriksh.com and protected by Indian Copyright law. All software used in this site is the property of Kalpvriksh.com and is protected under the Indian Copyright law.
20) Visitor Provided Material
When using this website you shall not post or send to or from this Website any material:
a) for which you have not obtained all necessary consents;
b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in India;
c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of above conditions.
21) Links to and from other Websites
Kalpvriksh may allow links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
Any user wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this Website in breach of these clauses you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
22) Suspicious Activities:
If Kalpvriksh has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Kalpvriksh may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Kalpvriksh reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Kalpvriksh may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
23) No Warranty
Kalpvriksh and its suppliers, affiliates and service provider provide the Website and services on "as is" basis and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
24) Limitation of Liability
In no event shall Kalpvriksh or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, 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 Website Facility, its services or this agreement (however arising, including negligence).
Kalpvriksh's liability in any circumstance is limited to the amount of monies or fees, if any, paid by you to Kalpvriksh. Kalpvriksh, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Kalpvriksh assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
2. Any interruption or errors in the operation of the Website. You expressly understand and agree that Kalpvriksh shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kalpvriksh has been advised of the possibility of such damages).
You shall indemnify and hold harmless Kalpvriksh and (as applicable), its subsidiaries, affiliates, third-parties and their respective officers, directors, 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 the User Agreement, Kalpvriksh Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Kalpvriksh and you shall have no authority to bind Kalpvriksh in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Kalpvriksh to Kalpvriksh Retail, 304, Adhiraj Gardens, Sector 5, Near Utsav Chowk, Kharghar, Navi Mumbai – 410210, Maharashtra (India) (in the case of Kalpvriksh) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Kalpvriksh with respect to the subject matter hereof.
In Kalpvriksh sole discretion, Kalpvriksh may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Kalpvriksh assigns the Agreement on the same terms or terms that are no less advantageous to You.
27) Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is Archna Dhamija and can be reached at firstname.lastname@example.org.
If any dispute arises between you and Kalpvriksh during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or Terms and Conditions or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Kalpvriksh. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
29) Governing Law
The User Agreement, and Terms and Conditions or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Mumbai, Maharashtra shall have jurisdiction, to the exclusion of all other courts.