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Thank you for
visiting our online store offering personal grooming products manufactured by Yardley (“Yardley”) at yardleyoflondon.com (“Website”). Your visit to this Website
is subject to these Terms and Conditions and our Privacy Policy available here on this website.
This Website is independently owned and operated by ANS Commerce , an India based company
incorporated under the Indian Companies Act of 1956. The Website features
logos, trade marks, trade names, slogans and other indicia of origin that are
the registered trademarks of Yardley.
The arrangement between ANS Commerce is on an arm's length principle to
principal basis and ANS Commerce is not an agent or partner of Yardley.
Your use of this Website confirms your
agreement to follow these rules and to be bound by them. ANS Commerce reserves
the right to update or modify these Terms and Conditions at any time without
prior notice. Your use of this Website following any such change constitutes
your agreement to follow and be bound by the Terms and Conditions as and when
they are modified.
By electronically accepting this
Agreement, you confirm your acceptance and it would be accepted as would a
written agreement with your signature. You accept all the terms and conditions
as follows:
“Agreement" means the terms and
conditions as detailed herein including all schedules, appendices, annexures,
Privacy Policy, and will include the references to this Agreement as amended,
supplemented, varied or replaced from time to time.
THIS AGREEMENT is between ANS Commerce a
company incorporated under the Indian Companies Act, 1956 and having its
registered office at ANS Digital Private Limited, Plot No 287, Sector-39,
Gurgaon, Gurgaon, Haryana, 122001 ( hereinafter called “ANS Commerce” ) which
expression shall, unless repugnant to or inconsistent with the context, mean
and include the successors and permitted assigns, heirs, executors, legal
representatives and administrators, as the case may be of the One Part and you,
the user of the Website and websites operated by ANS Commerce as a website
visitor or as a person intending to make a purchase or actually making a
purchase through this Website .
ANS Commerce is in the business of
(i) creating internet retail platforms
that enable retailers and internet businesses to sell products & services
directly to consumers; and
(ii) operating internet retail businesses
and online platforms, as an online distributor for various brands and companies
operating in India and abroad. In no
event shall ANS Commerce be liable for any damages whatsoever arising out of,
or in connection with, your access to this Website or any information contained
at the Website or any linked websites. In particular, ANS Commerce shall not be
liable for special, indirect, consequential or incidental damages, whether an
action alleging such damages is brought in contract, negligence or tort.
ANS Commerce will not be responsible for
any liability arising out of the conduct of its employees, associates,
contractors and suppliers that may cause any financial or other loss to you
outside the scope of the transaction.
ANS Commerce operates the Website and
intellectual property rights, and ownership and proprietary rights in the
Website and its contents are owned by Yardley.
No part of the Website, the designs or the terms and references within shall be
copied or transmitted for commercial purposes. Nothing contained in this
Agreement shall give or be deemed to grant, whether directly or by implication,
any right, title or interest in or to the ownership or use of the trade marks
and intellectual property. Purchases of products and services on this site does
not transfer any of the intellectual property related to the products and
services, their design or concepts to you.
This Website may contain hyperlinks to
websites operated by parties other than ANS Commerce. Such hyperlinks are provided
for your reference only. ANS Commerce does not control such websites and is not
responsible for their contents. ANS Commerce’s inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such websites or any
association with their operators.
In no event shall ANS Commerce be liable
for any damages whatsoever arising out of, or in connection with, your access
to this Website or any information contained at the Website or any linked
websites. In particular, ANS Commerce shall not be liable for special,
indirect, consequential or incidental damages, whether an action alleging such
damages is brought in contract, negligence or tort.
Any fraud, neglect, deliberate omission,
wrongful act or default conducted by you will be subject to legal action and
ANS Commerce will not be responsible for your actions. Furthermore, you agree
to defend, indemnify and hold ANS Commerce harmless from and against any and
all claims, damages, costs and expenses, including advocate’s fees, arising
from and related to your access and use of the Website. ANS Commerce shall not
be liable for any loss or damage arising from its failure to perform any of its
obligations under this Agreement if such failure is the result of circumstances
outside its control including but not limited to the outbreak of war, any
governmental act, act of war, explosion, accident, civil commotion, riot,
industrial dispute, strike, lockout, stoppages or restraint of labour from
whatever cause, whether partial or general, weather conditions, traffic
congestion, mechanical breakdown, obstruction of any public or private road or
highway or outbreak of any communicable disease or any other force majeure,
fire, flood or any other act of God.
ANS Commerce may at any time make changes
or modify the website, its contents, the policies and terms and conditions
including the privacy policy, shipping policy, return policy without any prior
notice and it may do so with no prior permissions from users of the site or
service except with intimation to registered users vide email as agreed upon in
the Privacy Policy.
ANS Commerce is a channel for sales and
as such aims to make information about products and services accurate. However,
should there be any unintentional errors relating to the product, pricing,
availability, shipping and product supply, ANS Commerce will make good by
correcting the amount (if incorrectly charged) and will have the right to make
changes to the website to correct the errors without any obligation to supply
the product or service at the previously published incorrect price or
description.
ANS Commerce is solely a channel for sale
of products that are manufactured by Yardley. ANS Commerce is not responsible
for any consequences that arise from use of these products. The buyer or user
of the product needs to make their own judgment of the safety and risks
associated with various products that may be sold, and are solely responsible
for the consequences of use of these products.
You further acknowledge that Yardley will not be responsible or liable to comply
with any warranties for the Products supplied to the consumer upon placing of
the order through this Website, over and above and in addition to the
warranties provided under the applicable laws.
Information about the products and
services sold by ANS Commerce is provided to it by Yardley. As such, ANS
Commerce takes this information at face value and publishes this without any
further verification. As such, ANS Commerce is not responsible for the accuracy
or validity of this information.
The content of this Website and other
websites operated by ANS Commerce may contain materials that are created by
suppliers, vendors and others who sell their products and services. If any of
the material is found to be objectionable or is found to have violated any law
or copyright, the responsibility of this would be with the producer of the
materials and ANS Commerce will not be liable or responsible for any of the
content. Any issues relating to this would need to be dealt with by the
original producer of the content and materials. .
Shipping of products will be done by the
method indicated in the order. If, for any reason the products are sent using
an alternate method, other than the one indicated in the order, you will not
need to pay any additional charges for this.
The product
colour and actual size may vary from the visual representation on the Website.
You will be required to pay for the
products ordered through the Website upon delivery of the products. Any order
placed with ANS Commerce, cannot be cancelled once it has been processed.
By virtue of your acceptance to this
Agreement, you further acknowledge that Yardley is not a party to this
Agreement, and therefore, neither they are privy to this Agreement, nor you are
privy to the agreement between ANS Commerce and Yardley. This Agreement does
not accord and in fact you also disclaim any rights to bring any action against
Yardley, based on or relying on any terms and conditions of this Agreement.
ANS Commerce has the right to assign or
transfer all or part of its rights or obligations under this Agreement without
prior notification.
This Agreement shall be subject to and
construed in accordance with the laws of India- and the Parties hereby submit
to the exclusive jurisdiction of the courts of Mumbai.
In the event of any disputes, differences
or controversies between the Parties hereto, out of or in connection with the
provisions of this Agreement, or any action taken hereunder, the Parties hereto
shall thoroughly explore all possibilities for an amicable settlement. In case
an amicable settlement cannot be reached, such disputes, differences or
controversies shall be referred to arbitration in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 including any
amendment or re-enactment thereof. The proceedings of such arbitration shall be
conducted in English language and the venue of such arbitration shall be
Mumbai. The award of such arbitration shall be final and binding upon the
Parties hereto.
All notices, demands or other
communications required or permitted to be given or made under or in connection
with this Agreement shall be in writing and shall be sufficiently given or made
(i) if delivered by hand, or (ii) sent by prepaid registered post, addressed to
ANS Commerce, at the following address
Attn : Head of Legal and Compliance
ANS
Digital Private Limited, Plot No 287, Sector-39, Gurgaon, Gurgaon, Haryana,
1220013, India
ANALEMMA COMMERCE PRIVATE LIMITED
Plot 96, Basement, Near Cafe Di Milano, Sector 13, Dwarka - 110075