Terms and Conditions
www.eldreaskirts.com (‘Website’) is an online service owned, operated, and managed by ELDREA DARING MEDIA LLC (‘Website’ or ‘we’ or ‘us’). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at firstname.lastname@example.org. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights:
Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of the Website. All information displayed, transmitted, or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties. This site is designed, updated, and maintained by – ELDREA DARING MEDIA LLC or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the content available on the Website.
Accuracy of content and invitation to offer:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular, to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of tax. Packaging may vary from that shown. The weights, dimensions, and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual coolers you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of the Website prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
User is hereby authorized to use the website for a lawful purpose and for the purposes as mentioned under the policies of the Website and Google only, any violation of the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
The website strives to provide the best prices possible on products and services to users buying or availing from the Website. However, the Website does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability on the Website;
The website has a network of vendors and reserves the right to pass on the orders to any of the vendors for fulfillment.
The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
All offers on Products shall be for limited stocks and are for a limited period(s). The website may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Website;
We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
The website may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks, or for any other reasons whatsoever, cancel the orders placed by Users. Website’s decision of cancellation of order shall be final and Website shall not be liable for such cancellation(s) whatsoever;
Expected delivery time as mentioned on the website may vary than the usual time of delivery;
The website strives to provide accurate products, services, and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, the Website may, at its discretion, either contact the User for instructions or cancel the User’s order and will notify the User about such cancellation;
The website shall have the right to modify the price of a product or service at any time, except third-party products, without any prior information.
Cancellation by Website: There may be certain orders that the Website is unable to accept and must cancel. Website reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accepts and undertakes that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of the User’s order includes, without limitation, no availability of the product or quantities ordered by the User, non-availability of the service, inaccuracies or errors in pricing information, or problems identified by the Website’s credit and fraud avoidance department;
The website may also require additional verifications or information before accepting any order. Website will contact the User if all or any portion of User’s order is canceled or if additional information is required to accept the User’s order. If the order is canceled after the credit card has been charged, the said amount will be reversed back in the User’s credit card account;
Cancellation by the User: In case of requests for order cancellations, the Website, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Website receives a cancellation notice and the order has not been processed/ approved by Website, Website shall cancel the order and refund the entire amount to User within a reasonable period of time;
Website will not be able to cancel orders that have already been processed, it is pertinent to note that the Website has the full right to decide whether an order has been processed or not. User hereby agrees and undertakes that the decision taken by the Website is acceptable to User and User shall not create any dispute on the decision taken by a website on cancellation;
Website reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Website as per certain criteria. Website Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below-mentioned criteria, which may not be exhaustive, viz:
Products ordered are not for self-consumption but for commercial resale;
Multiple orders placed for same product at the same address;
Bulk quantity of the same product ordered;
Invalid address given in order details;
Any malpractice used to place the order.
Website Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
Limitation of Liability: Under no circumstances Website’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
These terms and conditions are subject to USA laws and any dispute shall be subject to the jurisdiction of the courts in Chicago
You shall not use the Website for any of the following purposes:
Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
Gaining unauthorized access to another computer/network system.
Interfering with any other person’s use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
belongs to another person and to which you do not have any right to;
is grossly harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright, or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
Threatens the unity, integrity, defense, security, or sovereignty of the USA, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Website or its content;
transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
intentionally submitting on the Website any incomplete, false, or inaccurate information;
making any unsolicited communications to other users of the Website;
using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the content on the Website or other information available from the Website;
Framing, hotlinking, or deep linking any content on the website.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We 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, we 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 mispriced, we may, at our sole 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 we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event, we accept your order the same shall be debited to your credit/debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to the 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/debit card account. We strive to provide you with the best value, however, prices and availability are subject to change without notice.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of Chicago, subject to the exclusive jurisdiction of Courts in Chicago. All disputes will be subject to arbitration in Chicago in English by a single arbitrator appointed by us. Each party to the arbitration shall bear its own cost.
You agree to defend, indemnify and hold harmless Website, its employees, directors, officers, agents, 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 your actions or inactions, which may result in any loss or liability to Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation 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. This clause shall survive the expiry or termination of this User Agreement.
Refusal of service:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.
You agree, understand, and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication-related to your order/request and other site-related communication.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
We may terminate this Agreement with You at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of website or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Limitation of Liability and Disclaimers:
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable, and of high quality, we shall not be held liable or responsible if this is not the case. We 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 Website. 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, we or our suppliers shall not be liable for any 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, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Website, its associates, 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. We assume 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 Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
Sending unsolicited email, including promotions and/or advertising of products or services; or
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Website on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).
If any part of this User 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 User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Websites/services. Our 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.
If any User has any grievance, comment, question, or suggestion regarding any of our Product/Services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by sending an email to email@example.com