Terms of service
Introduction
www.eveema.com (hereinafter "Website") is an online service operated and managed by Harmony E Commerce (hereinafter "we", "us", "our"). We offer this website, including all information, tools and services available from this site to you, the user, who is deemed to have accepted all terms, conditions, policies and notices stated here, for an indefinite period, and you understand and agree that you are bound by such terms for as long as you access this Website.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 — Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in immediate termination of your access to our Services.
Section 2 — Ownership of Intellectual Property 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 Eveema. 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 Eveema and/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.
Section 3 — Trademark and Copyright
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Eveema (Harmony E Commerce). Any use of this Website or its contents, including copying or storing them in whole or part, other than for your own personal, non-commercial use, is prohibited without our prior permission. You may not modify, distribute, or re-post anything on this Website for any purpose.
The EVEEMA name and logo, and all related product and service names, design marks, and slogans are the trademarks or service marks of Eveema. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website.
References on this Website to any names, marks, products, or services of third parties, or hypertext links to third-party websites or information, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips, and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way, in whole or in part, any of the Content, the Website, or any related software.
All software used on this Website is the property of Eveema or its suppliers and licensors and is protected by Indian and international copyright laws. The Content and software on this Website may be used only as an information resource and for purchasing our products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content on this Website, is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Eveema and is also protected by Indian and international copyright laws.
Section 4 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit/debit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service/Product, use of the Service/Product, or access to the Service/Product or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 5 — Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We have taken all care and precaution to provide accurate data and information, in particular to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. However, as the actual colours you see will depend on your device's display, we cannot guarantee that your screen's display of any colour will accurately reflect the colour of the product on delivery.
Section 6 — Invitation to Offer
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 these Terms of Service. 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 simultaneously, in which case that portion of the order which has been dispatched will be deemed to have been accepted by us, and the balance would continue to remain on offer to us, and we reserve the right to accept or reject such balance order. No act or omission of Eveema 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 as soon as possible to confirm receipt of your order and to confirm dispatch and therefore acceptance of the order.
Section 7 — Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service/Product (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service/Product.
Section 8 — Products or Services
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return/exchange only according to our Refund & Cancellation Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your device's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 9 — Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
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 a 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 payment gateway/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 payment partners or financial institutions reserve the right to recover the cost of goods, collection charges, and legal fees from persons using the Website fraudulently, and reserve the right to initiate legal proceedings against such persons in accordance with applicable laws.
Section 10 — Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 11 — User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 12 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy Policy.
Section 13 — Communication
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.
Section 14 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service/Product that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service/Product or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service/Product or on any related website, including without limitation pricing information, except as required by law.
Section 15 — Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product/Service or any related website. We reserve the right to terminate your use of the Product/Service or any related website for violating any of the prohibited uses.
Section 16 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the product/service will be accurate or reliable.
You agree that from time to time we may remove the product/service for indefinite periods of time or cancel the product/service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the product/service is at your sole risk. The Service and all products and services delivered to you through the Website are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eveema (Harmony E Commerce), our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Website, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, even if advised of their possibility.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless Eveema (Harmony E Commerce) and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 18 — Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19 — Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
Section 20 — Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 — Governing Law
These Terms of Service and any separate agreements whereby we provide you products or Services shall be governed by and construed in accordance with the laws of India, and shall be subject to the exclusive jurisdiction of the competent courts of Mumbai, Maharashtra.
Section 22 — Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 23 — Contact Information
If you have any questions or queries about these Terms of Service, please email us at:
Email: hello@eveema.com
Address: 103, Koshal C.H.S. Ltd., Shankar Lane, Kandivali West, Mumbai — 400067, Maharashtra, India.
We reserve the right to change these Terms of Service from time to time without any obligation to inform you, and it is your responsibility to review them periodically.