USE OF THE SITE & PROHIBITIONS
The wesbite allows the User/ Customer to shop for products online exclusively manufactured by the Company.
However, any User/ Customer is prohibited to do the following acts, (a) use our website, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our website, services, or tools (b) Persons under the age of 18 years but over 13 years of age (Minors) may use this website but under the supervision of a parent or a legal guardian who agree to be bound by these terms & conditions. If the Minor is below 18 years of age, only the Minors’ parents or legal guardian shall transact on behalf of the Minor provided that their parents or legal guardians are registered users (c) collecting information about other users’ personal information; (d) manoeuvring the price of any item; (e) post false, inaccurate, misleading, defamatory, or libellous content; (f) take any action that may damage the rating system.
The User/ Customer hereby understands and agrees that for proper and uninterrupted usage of the services of the website, the User/ Customer is required to make an account on the website using its full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. The User/ Customer shall verify that they are 18 years or older and shall be solely responsible for keeping their password secure and shall be responsible for all activities and contents that are uploaded under their account. The User/ Customer shall must not transmit any worms or viruses or any code of a destructive nature.
The User shall on registering with the Company on its website, become a registered member of www.phool.co and hold an account on the website which shall represent that the User/ Customer is of legal age to form a binding contract and is not a person barred from receiving services under the any law whatsoever as applicable in India. The User/ Customer shall be solely responsible for maintaining the confidentiality of the account and the password. The User/ Customer shall receive alerts/ details of the orders placed by them with the Company through its website on the email ID provided by them to the Company. The User/ Customer hereby understands and agrees that the Company shall not be responsible in any manner whatsoever for unauthorized use/ access of its account maintained with the Company on its website and any account activity found violating the polices of www.phool.co or the laws of the land shall stand cancelled and may result in termination of your account/ membership and shall be the sole responsibility of the User/ Customer.
The Company solely reserves the right to accept, reject and remove users from registrations on the website & related web assets without stating any reason thereof. The User/ Customer hereby understands and agrees that the Company shall not be liable if for any reason this Website is unavailable at any time or for any period. We reserve the right to restrict access to some parts or all of this Website.
LICENSE & SITE ACCESS
phool.co strictly prohibits and does not permit copying or downloading of any kind of content (text, graphics, clip arts, icons, images, audio clips, videos or software) from its website and are solely owned by the Company. Any unauthorized use of the content of the website by the User/ Customer in any manner whatsoever shall result in immediate cease/ termination of the User’/ Customer’ account/ access of the website and the Company reserves its right to take appropriate action against the User/ Customer. The User/ Customer hereby understands and agrees that uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment shall not be accepted and be subject to appropriate action. The website and related web assets on third parties may include links to third party websites that are controlled and maintained by others. Any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and the Company in any manner whatsoever is not liable for the content or availability of any such sites. The User/ Customer understands and agrees that any unauthorized use of the website shall give rise to a claim for damages and the Company shall take appropriate measures against such acts including but not limited to criminal actions.
PAYMENTS & PROCESSES OF INVOICES
The Company has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by the Company prior to the acceptance of an order. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. The Company has all the discretion to cancel or deny orders. The Company shall not take any responsibility for pricing, typographical, or other errors in any offer by the Company and reserves the right to cancel any orders arising from such errors. The Company also provides for the cash on delivery (COD) method for payments provided the order has a minimum value of Rs. 450.
The Company is committed and strives to give its Users/ Customer the best shopping experience and ships all the products/ orders with regard to vermicompost shall be delivered within 5 – 7 working days and the rest/ other products shall be delivered within 3-5 working days from the date of placing the order. However, in situations beyond the Company’s control there shall arise circumstances where the Company is not able deliver and causes a delay. In such cases, the Company shall ensure delivery in the earliest possible timeframe.
RETURN & EXCHANGE POLICY
The Company does not entertain return and/ or exchange policies due to the kind of the products the Company is manufacturing. Except the articles which are damaged in the transit or found to be defective on delivery, only those products can be returned or exchanged. Provided the User/ Customer informs of such defect/ damage to the Company within 24 hours of receiving the said product. Further, in any case the product is found to be have been tampered with or used after the delivery then the Company reserves its rights to reject the exchange of the said product. The User/ Customer as aforesaid is liable to inform the Company for the exchange/ return of the product within 24 hours of the delivery via the contact support by emailing at email@example.com. Any requests beyond such period shall not be entertained.
PRODUCT PRICING & DESCRIPTIONS
The prices displayed for products on the website represents the full retail price listed on the product itself, suggested by the Company estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by the Company, the List Price may be provided by the Company. In cases of mispriced products in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, the remedy is to return it in unused condition as per our returns & exchange policy above.
EDITING, DELETING AND MODIFICATION
ACKNOWLEDGMENT OF RIGHTS
The User hereby understands, acknowledges and agrees that all rights, titles and interests, ownership including but not limited to rights covered by the Intellectual Property Rights, of the website are expressly and exclusively of the Company, and that the User by no means shall acquire any right, title, or interest in or to the program except as expressly set forth in this Agreement. The User is strictly prohibited from modifying, adapting, translating, preparing derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto which shall infringe the exclusive rights of the Company. The User is hereby prohibited from indulging in activity directly or indirectly as aforementioned which shall interrupt the exclusive use and enjoyment of the vested rights of the Company in its intellectual property.
Fraudulent activities are highly monitored on our site and if fraud is detected the Company shall resort to all remedies available to us, and the User shall be solely held responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER & LIMITATIONS OF LIABILITY
The Company makes no express or implied warranties or representations with respect to the products sold and offered on its website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, the Company shall make no representation that the operation of our website will be uninterrupted or error-free, and we shall not be liable for the consequences of any interruptions or errors. This website and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. The User understands and agrees that your use of this website is at their own risk.
The User is under strict liability not to disclose any information obtained from the Company and or from its clients, advertisers and suppliers, directly or indirectly. All information submitted to the Company by an end-user customer pursuant to a Program is proprietary information of the Company. Such customer information is confidential and shall not be disclosed. The Company agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON - WAIVER
Failure of the Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed as relinquishment or waiver of any of its rights or remedy that the Company may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed as waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of India, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of India, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
The User understands and agrees that his/ her rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without any liability fastened to the Company. However, the Company may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
The User/ Customer can contact the Company by sending an email at firstname.lastname@example.org or contact at +91-7408584112. For the purposes of any written communication or notices, the same can be send at the undersigned address-
Kanpur FlowerCycling Pvt. Ltd
Azari no.-428-429 Bhaunti,
Kanpur, Uttar Pradesh 209305