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TERMS AND CONDITIONS


Terms and Conditions for products and the website of Esha Lal Swimwear

Welcome to www.eshalal.com (“Website”), the official Website of Esha Lal Swimwear (“EL”), (also identified by “we” or “us” or “our”), designer and manufacturer of environmentally-responsible swimwear & resort wear. This Website is the property, exclusively owned and operated by EL. Please read these terms and conditions (“Terms”) very carefully as your use of this Website, it’s products and services are subject to your acceptance of and compliance with the following Terms since these constitute a binding contract between you and us. By entering and using this Website or ordering products from this Website you agree to have read, understood and be bound by all of the Terms herein including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

The Terms are effective upon acceptance and govern the relationship between you and us including the sale, supply and service of any product(s) on our Website. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website. If you do not agree to be bound by the Terms, the Privacy Policy and other content, you may not use our Website in any way and should exit immediately.

Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most updated Terms at any time on this page. We reserve the right to update, change, amend or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for any changes as we may not be able to provide you with a prior notice for every update. Your continued use of or access to the Website following the posting of any changes constitutes an acceptance of those changes.

Online Terms

By agreeing to these Terms, you represent that you are at least the age of majority, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this Website.

You shall not use our products for any illegal or unauthorised purpose nor shall you, in the use of the services and products, violate any laws in your jurisdiction (including but not limited to Intellectual Property laws).

You must not transmit any viruses or any code of a destructive nature on or through this Website.

A breach or violation of any of the Terms will result in an immediate termination of your use of this Website and the services provided within.

Products or Services

The products or services available on the online store may have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy.

We have taken all possible care and precaution in the preparation of the content on this Website, in particular to ensure that prices quoted are correct and updated and all products have been fairly described. All prices are displayed inclusive of all applicable taxes. Packaging of the products may vary from that shown in the product details page. We have made all efforts to display accurate colours of our products that appear on the Website. However, as the actual colours you see will depend on the settings and the type of screen or device you have, we cannot guarantee the colour accuracy and this may differ on the product on delivery. To the extent permitted by applicable law, we do not warrant that the size, quantity or quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or be accurate. 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 on this Website.

We aim to keep adequate stock of every item that is listed on our Website. However, if we come across an order for a product that we do not have the inventory of, we may inform the customer within 2 working days and the amount shall be refunded to the customer for the item that cannot be delivered.

Sizing

The size of every product on the Website may vary due to different designs and forms. Some products are meant to be loose and some are meant to be more fitted. Products may use different fabrics and have different fittings based on the cut, fabric and design of each Product. Please review the size guide provided on our Website at the time of buying the product to get the right size and the best fit suited to you.

Shipping, Returns and Exchange

Please refer to the EL Shipping, Returns and Exchange Policy, incorporated by reference herein, that is posted on the Website at https://www.eshalal.com/pages/return-and-exchange

Modifications to the products and prices

As mentioned above, the prices for our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue the products or service(s) (or any part or content thereof) without prior 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 our products or services.

Right to Refuse, Limit or Cancel

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction.

We also reserve the right to refuse any order you place with us. We may in our sole discretion exercise this right on a case-by-case basis.

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 credit card, 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 e-mail and/or billing address/phone number 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.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We further reserve the right to discontinue any product at any time.

Payment

You agree, understand and confirm that the payment details provided by you i.e., credit card, debit card, net banking, UPI, etc, for availing of products and services on our Website will be correct and accurate and you shall not use the payment details which are not lawfully owned or legally operated by you. You further agree and undertake to provide the correct and valid payment details when making payment on our Website.

We do not store any financial or payment information entered by you. In case we do not receive an authorisation from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back by the bank. We shall not be liable in any event, for any banking payment fraud that occurs to you while using our Website. The liability for use of such payment details will solely be on you.

Our payment system i.e., the payment gateways, facilitators and banks, may constantly monitor your account in order to avoid false and fraudulent transactions. Customers availing discount coupons or vouchers fraudulently shall be liable for legal action under applicable law and we reserve the right to recover the cost of goods, logistics, collection charges and attorney fees from persons using our Website fraudulently.

We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these Terms. In the event of detection of any fraudulent or declined transaction, prior to initiating legal action, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability on our part. For the purpose of this clause, we shall owe no liability for any refunds to such users.

Communication

When you visit our Website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS or WhatsApp or via social media accounts such as Facebook or Instagram. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.

On registering on our Website, you agree that we may use your registered mobile number on the Website to send transaction related SMS (es) to you. You also grant us permission that we may send you any transaction related SMS (es) irrespective of having DND services activated on your mobile.

Intellectual Property

EL is owned and operated by Esha Lal, who has trademark applications under the Trademark Act and its subsequent rules. Any violation of the Trademark rights shall result in legal action.

All rights, including copyright, in this Website are owned by us exclusively. Any use of this Website or any of its contents, including copying, publishing or storing it in whole or in part, other than for your own personal, non-profit or non-commercial use is prohibited without our specific permission. You are prohibited from copying, distributing, modifying, displaying, printing, publishing, selling or licensing any creating derivative works or using any content available on or through our Website for any commercial or public purpose. You shall not be permitted to modify, distribute or re-post something on this Website for any purpose except with the prior permission of EL.

EL shall not specifically mark or indicate the intellectual properties owned by it or anything else that may aid you in determining whether the product, information or material in question is copyrighted or trademarked or protected by design rights. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, design rights or proprietary rights or any other harm resulting from such a submission. You may not copy, reproduce, resell or redistribute any product manufactured and/or distributed by EL. EL also has rights to all trademarks, trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Many logos and names mentioned and shown in this Website are the intellectual properties (trademarks and copyrights) owned by their respective entities and EL does not claim license or ownership over those logos and names.

Disclaimer of Warranties

The use of this Website and/or products is at your sole risk. The Website and products are offered on an "as is" and "as available" basis. EL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or Website content, or any reliance upon or use of the Website content or products.

Without limiting the generality of the foregoing, EL makes no warranty:

  • that the information provided on this Website is accurate, reliable, complete, or timely.
  • that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  • that any advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
  • as to the results that may be obtained from the use of the products or that defects in products will be corrected.
  • regarding any products purchased or obtained through this Website.

Privacy

Please refer to the EL Privacy Policy, incorporated by reference herein, that is posted on the Website at https://www.eshalal.com/pages/privacy-policy

Term bound

By using this Website or ordering products and availing our services thereto, you acknowledge that you have read and agree to be bound by the Terms and all other policies provided on this Website.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, 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 or post on our social media platforms. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms, except if specifically required under applicable law.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. 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 our Website or services offered herein. You shall not use a false e-mail 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.

Prohibited uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, regulations, guidelines, orders, local ordinances or judicial orders or judgments; (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 that will or may be used in any way that will affect the functionality or operation of the Website, products and allied services, other websites, or the internet; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website or allied services, other websites, or the internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses provided above and taking necessary legal action as per applicable law for certain acts.

Website Security

You are prohibited from violating or attempting to violate the security of the Website or the software and hardware used for providing the products and services including, without limitation, (a) accessing data not intended for you or logging into a server or an account which you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with the service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Website, overloading, flooding, spamming, mail bombing, phishing, pharming, web scraping, crawling, web harvesting, data extraction, pretexting or crashing; (d) sending unsolicited or fraudulent emails, including promotions and/or advertising of products or services; or (e) any other fraudulent activity which compromises data security or makes the system vulnerable to attacks. Violations of system or network security may result in civil or criminal liability. EL with the help of relevant legal authorities may investigate occurrences that may involve such violations and may consider prosecuting users or other persons 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 further agree not to use or attempt to use any software, device or mechanism to navigate or search this Website. Our Website can be used on most of the internet browsers; however, we recommend using Google Chrome, Mozilla Firefox or Microsoft Edge for optimum user experience.

Indemnification

You agree to indemnify, defend and hold harmless EL, its affiliates, partners, officers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

EL reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion that you have breached any of the Terms herein. Following the termination, you will not be permitted to use the Website and EL may, in its sole discretion and without advance notice to you, cancel any outstanding orders for products. If your access to the Website is terminated, EL reserves the right to exercise whatever means it deems necessary to prevent your unauthorised access of the Website.

Entire Terms

Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver by EL of such right or provision.

These Terms, all other policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, products and services therein, superseding any prior or contemporaneous terms, agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Governing law and Jurisdiction

These Terms and any separate agreements whereby we provide you products and services shall be governed by and construed in accordance with the laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.

In the event of any dispute or difference either in interpretation or otherwise, of these Terms, the same shall be referred to an independent arbitrator who will be appointed by EL and such arbitrator’s decision shall be final and binding on you. The above arbitration shall be in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and allied rules as amended from time to time. The arbitration shall be conducted in English language and shall be held in Mumbai.

Contact information

Questions about the Terms should be sent to us at

By email: eshalalswimwear@gmail.com

Contact Us: https://www.eshalal.com/pages/contact


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