Terms & Conditions
Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean darjeelingteashoppe.com.
Please read the following terms and conditions (T&C) carefully as by using the services of this website, you are accepting to all the T&C written below.
Darjeelingteashoppe.com reserves the right to update or change these T&C at any point of time without any notice. By using this website, you agree that you have read, understood and bound by the T&C. We do not take any responsibility, if for any reason this website is not available at any point of time.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Darjeelingteashoppe.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail not with standing any variance with any other terms of any order submitted. By using the services of Darjeelingteashoppe.com, you agree to be bound by the Terms and Conditions.
User Account, Password, and Security
You will receive a username and password for your account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Beveragewala.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Darjeelingteashoppe.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above mentioned guidelines or maintain security of your account.
Darjeelingteashoppe.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). Upon placing an order, Darjeelingteashoppe.com shall ship the product to you and be entitled to its payment for the Services.
All the orders placed will be accepted by us and are subject to availability. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. The contract between us will only be formed when we send you the dispatch notice.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Darjeelingteashoppe.com's name is stated as the source and prior written permission of Darjeelingteashoppe.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
defame the brand, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
violate any applicable laws or regulations for the time being in force in or outside India; and
violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Darjeelingteashoppe.com.
Exactness Not Guaranteed
Darjeelingteashoppe.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations, due to photography is different lightening conditions. If you reject and return the order on this basis, we will cancel your order and issue credit vouchers to you of the same amount of your order value. These will be credited to your online account, by email or will be sent manually to your address in the form of credit note.
Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Darjeelingteashoppe.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Darjeelingteashoppe.com without obtaining authorization from Darjeelingteashoppe.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Disclaimer Of Warranties/Limitation Of Liability
Darjeelingteashoppe.com has endeavored to ensure that all the information on the Website is correct, but Darjeelingteashoppe.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Darjeelingteashoppe.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Darjeelingteashoppe.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Darjeelingteashoppe.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Darjeelingteashoppe.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Darjeelingteashoppe.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Darjeelingteashoppe.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
We strive to provide you with the best prices possible on Darjeelingteashoppe.com as well as in all our stores Darjeelingteashoppe.com. However, sometimes a price online does not match the price in a store where the products might be displayed / sold. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Beveragewala.com’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Darjeelingteashoppe.com's shipment to the shipping carrier.
Darjeelingteashoppe.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Darjeelingteashoppe.com terminates your use of the Website or any Service, Darjeelingteashoppe.com may delete any content or other materials relating to your use of the Service and Darjeelingteashoppe.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Darjeeling.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Darjeelingteashoppe.com does not review the contents in any way before they appear on the Website. Darjeelingteashoppe.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.
What we do about mispricings
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.
If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
These conditions are only valid for prices stated at Darjeelingteashoppe.com and not for DarjeelingTeaShoppe products available at any other website or marketplace.
General Terms for Offers and Promotions
Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, monetary refund is not available with us, instead credit voucher will be issued to you against the original order value.
Darjeelingteashoppe.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
Darjeelingteashoppe.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Darjeelingteashoppe.com, at its discretion, can withdraw a particular scheme from the website or market.
While participating in any Darjeelingteashoppe.com contest you hereby agree to release and hold Darjeelingteashoppe.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.
Terms & Conditions for Any Sale Items
The Sale runs till stock lasts. Sale up to X% off does not imply that all products are on X% discount; SALE is on the range of products specified but this number will change as and when stock levels increase or decrease.
Sign up coupons cannot be used against sale/discounted items. For more details read registration coupon rules.
Sale/discounts apply to selected items only. Although there are many brands on SALE, there might be some exclusion.
Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
Promotional offers and discounts may be combined only at the discretion of Darjeelingteashoppe.com.
All offers are non-transferable and have no cash value.
Darjeelingteashoppe.com reserves the right to extend or terminate the offers/sale, without further information at any point of time.
Darjeelingteashoppe.com reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of this sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and Darjeelingteashoppe.com’s decision in this regard shall be final and requires no intimation to the customer of any sort.
All refund will be in the form of vouchers only.
It is the customer's responsibility to login earlier if they want to avail better products or styles because Darjeelingteashoppe.com sales are "first come, first served". The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.?The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Darjeelingteashoppe.com with respect to the Darjeelingteashoppe.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Darjeelingteashoppe.com with respect to the Darjeelingteashoppe.com sites/services. Darjeelingteashoppe.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Darjeelingteashoppe.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users 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 Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Darjeelingteashoppe.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Darjeelingteashoppe.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.