1. General; Agreement to Terms
These Terms and Conditions of Use are entered into by and between you and Ecomantra Retail, a Mumbai corporation. In consideration of your use of and access to this Website and the promises and obligations herein, you and Ecomantra Retail hereby agree as follows:
Among other things, this Site provides general information concerning various products, and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Ecomantra Retail in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
bound by these Terms, the Policies and the applicable laws and regulations in connection with your use of the Site. If you do not agree to be bound by these Terms, the Policies and all applicable laws, you are requested to leave the Site and discontinue use of the Site and services provided on or through the Site. These Terms do not govern your use of any websites of Ecomantra’s affiliates based outside of the India or of any services offered by Ecomantra’s affiliates outside of the India.
2. Accessing the Website and Account Security
You are responsible for making all arrangements necessary for you to have access to the Site, and to ensure that all persons who access the Site through your internet connection are aware of these Terms.
3. Changes in Terms
Ecomantra Retail shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site.
4. Compliance with Laws
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products or services through them.
You must be at least 18 years old to buy from the Site. If you are under 18, you may only use the Site with the permission and involvement of a parent or guardian.
These Terms are effective until terminated by Ecomantra. We may terminate these Terms without notice and at any time in connection with any features of the Site.
Ecomantra Retail shall have the right without notice and at any time to terminate some or any of the features of the Site or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Site or any feature or portion thereof.
6. Content & Intellectual Property
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Ecomantra Retail on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
Ecomantra Retail may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Ecomantra Retail in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Ecomantra Retail or by third parties that have licensed their use to Ecomantra. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose. Ecomantra Retail does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Ecomantra, is strictly prohibited.
7. Notice And Procedure For Making Claims Of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or your IP rights have otherwise been violated, please provide written notice to Ecomantra. Your notice should include the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed; • A description of where the material that you claim is infringing is located on the Site, including the product number, if applicable;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The notice of claims of copyright or other intellectual property infringement should be sent to Ecomantra Retail through the methods below:
By email: [help@Ecomantra.com] or
By Mail: Attn: [IP Claims] Ecomantra Retail, A-18, 4th Floor, Girdhar Nagar, RB Kadam Lane, Ghatkopar West, Mumbai 400086. Maharashtra. INDIA
9. Third Party Sites and Content
Links to other Internet sites operated by third parties, including Ecomantra’s vendor partners, do not constitute sponsorship, endorsement, or approval by Ecomantra Retail of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Ecomantra, and Ecomantra Retail is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
10. Prices Displayed; Orders; Shipping and Handling
All prices displayed on the Site are quoted in Indian Rupees and other International currencies. Ecomantra Retail reserves the right to discontinue or change specifications and prices on products and services offered through the Site without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the Site do not imply endorsement of that product or service, or constitute a warranty, by Ecomantra.
Your receipt of an order confirmation from either Ecomantra Retail or a third party payment processing service
such as Payu, Stripepay or Amazon Pay, does not constitute Ecomantra’s acceptance of an order. Ecomantra Retail reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. Ecomantra Retail reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Ecomantra Retail shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or other payment method has been charged. If your credit card or other payment method has already been charged for the purchase and your order is cancelled, Ecomantra Retail shall promptly issue a credit to your credit card account or other payment method in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Ecomantra Retail or one of Ecomantra’s vendor partners pass to you upon delivery to the carrier for shipment.
Ecomantra Retail may restrict delivery to addresses within the India. Ecomantra Retail will add shipping and handling fees and applicable sales/use tax. GST may be assessed on the shipping and handling fee in certain states, where applicable.
Delivery charges are based on the total weight of the order.
11. Ecomantra’s Return Policy; Exchanges
Unused, unwashed items purchased through the Site may be returned within thirty (30) days of shipment. In the event where items purchased in a single order are delivered in multiple shipments, the return period starts from the dispatch date of the last shipment. ALL SALE ITEMS ARE FINAL SALE and cannot be returned to or through the Site, Ecomantra Retail Stores, or Ecomantra Retail Outlet Stores. All shipping and handling charges are non-refundable. We reserve the right to refuse the return of goods transmitted and/or shipped after the return period or that are not in their original condition.
You may initiate the return by contacting help@Ecomantra.com or +91-7722089870 with your website order number and returning item details. If you choose to use a different shipping method, please ensure tracking is available on the shipment and note that we are unable to reimburse any fees charged for shipping or insurance. Ecomantra Retail cannot be held responsible for any items that are lost, stolen or damaged during shipping and will not refund the value of the goods. All return shipping charges must be prepaid. COD returns will not be accepted.
Please enclose the items in their original packaging with any hangtags attached, accompanied by the packing slip . Write the AWB on the exterior of the returning package, seal the box securely, and affix the return shipping label.
All shipments without a AWB number issued by Ecomantra Retail will be refused at delivery and returned to sender.
Within 30 days of receiving your return product, credit will be returned to the original form of payment. We currently do not accept exchanges. For an exchange, the original items must be returned and a new order should then be placed.
12. Disclaimer and Limitation of Liability as to the Site and Content
Ecomantra Retail makes no warranties or representations whatsoever with respect to the site or any linked site or its content, including the availability of any site or the content, information, and materials on it or the accuracy, completeness, or timeliness of that content, information, and materials.
Under no circumstances shall Ecomantra, its suppliers, or their respective directors, officers, employees, or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, arising in any way out of access to or use of or inability to access or use any of the site or any linked site or its contents, including without limitation lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Ecomantra Retail is expressly advised of the possibility of such damages.
13. Disclaimer and Limitation of Liability as to Products and Services
All products and services sold by Ecomantra Retail are subject to any applicable warranties and representations of their respective manufacturers. Accordingly, Ecomantra Retail makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, Ecomantra Retail expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold through the site,
including without limitation implied warranties of merchantability and fitness for a particular purpose. In no event shall Ecomantra’s liability exceed the price you paid for the product or service that is the subject of the claim.
You agree to defend, indemnify, and hold harmless Ecomantra, Ecomantra’s vendor partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site or any product or service provided to you arising out of or relating to your use of the Site.
15. Data Submissions
Except as otherwise expressly provided herein or in Ecomantra’s separately posted Privacy Statement, any communication or material you transmit to Ecomantra Retail through the Site by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary and you grant to Ecomantra, Ecomantra’s vendor partners, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Ecomantra Retail has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
16. Dispute Resolution
You agree that any Dispute between you and Ecomantra Retail shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. “Dispute” shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any products or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. “Dispute” shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.
For all Disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Ecomantra Retail A-18, 4th Floor, Girdhar Nagar, RB Kadam Lane, Ghatkopar West, Mumbai 400086. Maharashtra. INDIA. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable). The Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us.
17. Governing Law
Access to or use of the Site shall not be construed as the purposeful availment by Ecomantra Retail or any of its partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the Republic of India. All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with copyright and trademark laws and the laws of the Republic of India without giving effect to any choice or conflict of law provision or rule.
[Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of this Site, including any orders placed or products purchased on the Site if such feature is available on the Site, shall be in the state courts located in Mumbai courts only.]
Ecomantra Retail shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or
other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No waiver by Ecomantra Ecomantra Retail of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
If you have any questions or concerns about the Site or these Terms, please contact: [help@Ecomantra.com].