Terms of service
TERMS OF USE OF – SKIN GARDEN
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
1. ACCEPTANCE OF TERMS
SKINNY SECRETS PRIVATE LIMITED HAVING ITS OFFICE AT PLOT NO 10, DOOR NO 34, VALASARAVAKKAM, VEERAPPA NAGAR, ALWAR THIRUNAGAR, CHENNAI, TAMIL NADU, 600087 (HEREINAFTER REFERRED TO AS “WE”/ “US”/ “OUR”), ON BEHALF OF ITSELF AND ITS AFFILIATES/GROUP COMPANIES UNDER THE BRAND ‘SKIN GARDEN’, OPERATES THE WEBSITE [www.skingardenstore.com] (HEREINAFTER REFERRED TO AS “WEBSITE”).
THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT BETWEEN THE REGISTERED USERS/ UNREGISTERED USERS ACCESSING THE WEBSITE AND PURCHASING THE PRODUCTS (DEFINED BELOW) LISTED ON THE WEBSITE (HEREINAFTER REFERRED TO AS “YOU”/ “YOUR”/”USER”) AND US IN RELATION TO THE USE OF THE WEBSITE AND SET FORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS AND USE THE WEBSITE AND OUR SERVICES, APPLICATIONS, PRODUCTS, AND CONTENT (COLLECTIVELY, THE “SERVICES”).
THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I AGREE" TAB OR BY USE OF THE WEBSITE AND/OR BY CREATING A REGISTERED ACCOUNT ON THE WEBSITE (HEREINAFTER REFERRED TO AS “ACCOUNT”) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND US FOR YOUR USE OF THE WEBSITE, PURCHASE OF THE PRODUCTS AND THE SERVICES RENDERED THEREIN.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE CONSUMER PROTECTION ACT 2019 AND CONSUMER PROTECTION (E-COMMERCE) RULES 2020 AND THE AMENDMENTS THEREON THAT REQUIRE PUBLISHING INTER ALIA THE TERMS AND CONDITIONS AND POLICIES FOR THE SALE OF GOODS AND SERVICES.
PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE WEBSITE AND OUR SERVICES, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS DOCUMENT. YOUR USAGE OF THIS WEBSITE IS CONDITIONAL UPON YOUR AGREEMENT TO THE TERMS CONTAINED IN THIS DOCUMENT. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO US AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000 TO ACCESS AND USE YOUR PERSONAL INFORMATION THAT YOU HAVE VOLUNTARILY PROVIDED TO US IN CONNECTION WITH THE USE OF THE WEBSITE AND THE SERVICES.
By providing Us Your information or by making use of the Website and the Services provided therein, You hereby consent to the collection, storage, processing of any or all Personal Information (defined in Our privacy policy) and non-personal information by Us as specified under this Terms of Use and further acknowledge that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.
You access to Website and the use of Our Services is also subject to our Privacy Policy (https://skingardenstore.com/policies/privacy-policy), the terms of which can be found directly on the Website and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.
Before You use or subscribe to, and/or begin participating in or using the Website, it is represented and warranted that You as the User of the Website has or have fully read, understood, and accept the Terms of Use as updated from time to time without any notice to You. You are advised to review this Terms of Use periodically for any updates. We shall take reasonable efforts to notify You regarding the amendments to the Terms of Use through a notice on the Website. Your continued access to the Website and/or use of the Services from the date of updated Terms of Use shall be deemed to Your acceptance of the updated Terms of Use. If You do not agree to or wish to be bound by the updated Terms of Use, You may not access to or otherwise access the Website or use the Services.
We may, from to time, release new versions of the Website, or release/introduce new and additional scope of Services which will be subject to these Terms of Use, and any additional terms of Service as may apply to such additional new version or Services.
You can review the most current version of the Terms of Use at any time at [www.skingardenstore.com/policies/terms-of-service]. This Terms of Use is effective from the time You log in/ access as a registered User or otherwise to Our Website and You shall also accept Our privacy policy at [www.skingardenstore.com/policies/privacy-policy].
2. OUR PRODUCTS AND SERVICES
We, Our Affiliates, successors or assigns owns and operates the Website and offers the sale of a wide range of personal skin care products directly distributed by Us (“Products”) via the Website from time to time as part of Our Services.
You may refer to the images, catalogue, descriptions provided by Us in the Website in relation to the Products and purchase the Product in the accordance with this Terms of Use. All the description of products and the pricing of it are subject to change at any time without notice at our sole discretion. The Products that We offer may have limited quantities and are subject to return or exchange only according to our return and exchange policy given below.
You acknowledge that We display the images, colors, and any other information of the Products in Our Website on an as-is basis and further that We do not guarantee the accuracy of such images, colors, information or Your device’s/system’s screen’s display.
You agree and acknowledge that We reserve the right to limit the sale of the Products to particular territory and also to limit the quantities of any Products offered. We also reserve the right to discontinue the sale of any Products at any time. We shall not be liable for any loss, damage, claims that You may incur pursuant to such limit in quantities or the discontinuance of any Products.
3. REGISTRATION AND MAINTENANCE OF ACCOUNT
1. Registration
To purchase the Products and use of the Services on the Website as a user, You have an option to create an Account on the Website and become a registered Account holder of the Website by registering as prompted in the Website’s relevant registration form (such information being the "Registration Data") whereby You will receive a password and username (Login Credentials) upon completing the registration process.
You will be asked to provide certain information about yourself including name, address, mobile number, and email address. You warrant that the information provided by You is correct, complete, and not misleading. You shall inform Us promptly of any changes to the information provided by You, by updating the details, for effective communication. You acknowledge that if any Registration Data provided by You is untrue, inaccurate, not current, or incomplete, We reserve the right to indefinitely suspend or terminate or block access of Your Account on the Website.
While creating the Account, You agree:
a. to restrict access by any other person or entity to Your password or other login information;
b. to not knowingly use the name or email of any other person without authorization;
c. to not use an email or profile name that is profane, offensive, or otherwise inappropriate;
d. to not allow any third party to use Your login information, Registration Data or Account;
e. to notify Us of any activities in your Account even if such activities are not committed by You.
We may modify or add to the Registration Data information fields required to create an Account from time to time. You agree to promptly complete any such additional or modified information fields when and as requested by Us. In some cases, You will also need to update Your Account and/or operating system settings to allow Us to access Your other details including but limited to the address book/contacts and enable the geolocation and camera/microphone functions. Your registration with Us is subject to Our confirmation and will become valid when We either confirm Your registration or activate Your Account.
We will have the right to use Your Registration Data in connection with servicing and operating the Website and in other manners as set forth in more detail in this Terms of Use and our Privacy Policy.
2. Password & Security
You must keep Your Login Credentials confidential and must not disclose it or share it with anyone. You are responsible for preventing unauthorised use of Your Login Credentials. If in any circumstance, You believe that there has been a breach of security such as disclosure, theft, or unauthorised use of Your ID, You must notify Us immediately. If We reasonably believe that Your ID is being used in any way which is not permitted by this Terms of Use, We reserve the right to suspend access rights immediately on giving notice to You and to block access from Your ID until the issues has been resolved.
3. Third Party Communications
While registering the Account in Our Website, You provide Us with Your contact details including Your email address and phone number. You hereby affirmatively consent to the use of Your email address and phone number for notifications from Us regarding important service announcements and other administrative communications related to Your use of the Website, as well as certain marketing and other advertising communications from Us and from Our third-party advertising partners. You may opt out of receipt of certain notifications; however, there are certain services and administrative notification which You cannot opt out the receipt of it. You do not wish to receive such notifications related to the Website, Your only way to opt out of such messages is to stop using the Website and delete Your Account from the Website. We disclaim liability for any communications directed to You from any third party directly or indirectly in connection with the Website that You may receive and any actions You may take or refrain from taking as a result of any such third-party communications and assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any such third-party communications.
4. Termination to Website Access & Deletion of Account
We reserve the right to disable Your Account at any time a) if You have failed to comply with any of the provisions of these Terms of Use; b) if activities occur on your Account which, in our sole discretion, would or might cause damage to Us and/or the Website; c) impair the Services, Products, or infringe or violate any third-party rights, or violate any applicable laws or regulations; d) if You have engaged in conduct that We determine to be inappropriate or unacceptable in Our sole discretion; e) or for any other reason whatsoever.
We may also disable Your Account or suspend or terminate Your access to the Website if You file any claim against Us or file any claim that involves the Website. We also reserve the right, in Our sole discretion, to seek and obtain any other remedies available to Us pursuant to any applicable laws and regulations or at equity as a result of Your breach of this Terms of Use or any other act or omission by You that gives rise to a claim by Us, and Our disabling of Your Account or suspension or termination of Your use of, or access to, the Website shall be without prejudice to, and shall not be deemed a waiver of, the foregoing.
If We terminate, limit, or suspend Your right to use the Website, You are prohibited, without Our prior written consent, from registering and creating a new Account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
In the event Your right to use the Website terminated, limited, or suspended, this Terms of Use will remain in effect and enforceable against You.
You may terminate Your Account at any time, for any reason, by sending an email request to [contact@skingardenstore.com]. Upon receiving such request for termination, the Parties shall collectively review the respective Account which is getting terminated and concise any balances pending for any Products purchased from the Website by You. Only after the completion of such review, We shall terminate the Account from the Website. However, You must note that We reserve the right to retain Your Registration Data in an anonymous form, and any other information provided on an “as-is” basis as part of statutory requirement.
Notwithstanding anything contained in this Terms of Use, all sections of this Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to, and notwithstanding the expiration or termination of this Terms of Use.
5. Your Consent
You acknowledge and give Your full and unconditional consent to:
a. Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
b. Your Account Information being shared with any other third-party entity that enters into a commercial relationship with Us.
c. Your Account Information being shared in its original form, or as part of or aggregated form, with other third-party entities.
d. Your Account Information being shared with Our partners, licensors, and affiliates.
e. Receiving links to third-party websites and services, and/or display advertisements for third party service providers, which have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”).
f. Receive from Us Telephone calls, text messages regarding Our Services, including promotional calls and messages regarding Our Services, and updates to Our products, provided You provide Your mobile number or any other contact information (“9003962633”) while creating an Account or interacting with Us.
4. USER CONDUCT WHILE ACCESSING/USING THE WEBSITE
You agree to not use the Website to:
a. impersonate, or falsely state or otherwise misrepresent Your affiliation with any person,
b. infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
c. upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
d. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges or to utilize the service on an as is basis as provided by Us;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
f. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;
g. commit any fraudulent or unlawful act, whether in relation to any third-party provider of Products and services on the Service or otherwise;
h. use or attempt to another user’s account, service, or system, or create a false identity on the Services.
i. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or content, other than those allowed by Us; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains content from the Service or where content from the Service is the primary basis for such sales.
You shall not: (i) use any Product or service available on the Website for commercial purposes of any kind, or (ii) advertise or sell any Products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website and / or Services in any way that is unlawful or harms Us or any other person or entity.
You are solely responsible for all information You transmit or share through the Website. We reserve the right to review any information or materials You share through the Website and to remove (without notice to You) any information or materials that We find, in Our sole discretion, violates any applicable law or this Terms of Use. To this extent, subject to the data privacy laws, You expressly authorise Us to review all information You transmit or share through the Website. In the event of non-compliance of this Terms of Use, We may (without notice to You), immediately terminate Your registration with Us and/or prevent Your access of the Website and Services thereunder.
You agree and acknowledge that We shall consider the User as fraudulent or caused loss to business due to fraudulent activity, if You (a) fail to state adequate information during the payment details verification; (b) do not respond to the payment verification mail sent by Us; (c) use invalid address, email, and phone number; (d) return the wrong Product; (e) refuse to pay for an order; (f) Repeat request for monetary compensation for fake/used order; (g) with the sole intention to cause loss to business/revenue to Us.
Further, You acknowledge that We may cancel any order that is bulk/fake under certain criteria at any stage of the Product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the following criteria, and any additional criteria as defined by Us:
a. Products ordered are not for self-consumption but for commercial resale;
b. Multiple orders placed for same Product at the same address and depending on the Product category;
c. Bulk quantity of the same Product ordered (the bulk quantity may vary from Product to Product)
d. Invalid address given in order details;
e. Any malpractice used to place the order;
f. Any order placed using a technological glitch/loophole.
We shall not be liable for any loss occurred to You pursuant to the cancellation of a Fake Order.
5. PAYMENT POLICY
We allow authorisation of payment on Our Website through the following online payment gateway solution/service provider:
a. Razorpay (hereinafter referred to as “Online Payment Gateway Solutions”)
We accept following payment methods through the above-mentioned payment services:
a. Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards.
b. Debit Cards
c. Net banking
d. UPI
e. Wallets such as Paytm, Phonepe, Amazon Pay
f. Cash on delivery
If You are making any online payments, You represents and warrants that (i) any credit card, debit card and bank account information You supply is true, correct and complete, (ii) charges incurred by You will be honored by Your credit/debit card company or bank, (iii) You will pay the charges incurred by You in the amounts posted, including any applicable taxes, and (iv) You are the person in whose name the card was issued and You are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You agree and acknowledge that each Product displayed on our Website indicates the total price of the respective Product and the break price of the Product which includes any compulsory charges, delivery charges, postage and handling charges, conveyance charges, applicable taxes. The total pricing of the Products shall be displayed on the shopping bag page on the Website. We reserve the right to modify the price of the Products from time to time. The prices of the Products shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws for making payments to Us. To protect the rights of customers, We reserve the right to disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts and to collect the price of such orders through other modes of payment as mentioned hereinabove. Further, You acknowledge that to make payment for any Product offered by Us through the Website, You must have internet access and must make the payment only through the current valid accepted payment method mentioned herein.
You agree, acknowledge, and understand that the payments will be processed through Our Online Payment Gateway Solutions. Hence, any payments made by You pursuant to the purchase of the Product shall be governed by the terms and conditions of the Online Payment Gateway Solutions and also Your bank issuing such payments. If Your payment method failed while paying the price for the Products or if We did not receive any payment with respect to the Products purchased, We reserve the right not to deliver the Products for which they have not received adequate payment. We shall not be liable for any payment failures or errors during the purchase of the Products owing to reasons including but not limited to (i) issuing bank’s system failure (ii) internet connectivity errors (iii) connection issues between Your bank, Online Payment Gateway Solution and Us (iv) unrecognized debit or credit card (v) incorrect bank login credentials (vi) accidental closing or refreshing of the payment page during the transaction (vii) any system/technical errors. Further, We shall not be liable for any amount debited exceeding the total price of the Product as displayed on the Website. If You have a dispute concerning any payment transaction, please contact our support department at [9003962633].
In the event where Your order is not placed due to a payment failure, please contact Your bank for any assistance for the amount debited from Your bank account and also try placing Your order again in our Website. We strive to provide accurate Product and pricing, however errors may take place. We cannot confirm the price of the Product until You make the order. Without limiting the generality of Clause 6 (Cancellations, Refunds and Returns) below, if a Product is listed at an incorrect price or with incorrect information due to any technical error, We shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been delivered.
Prices and availability of the Products provided or offered on the Website are subject to change without prior notice and at the sole discretion of Us. We may revise and cease to make available any Product at any time.
We do not store any of Your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the Products purchased. By using a third-party payment provider, You agree to abide by the terms of such a payment provider. You agree that in case Our third-party payment provider stores any such information, We will not be responsible for such storage, and it will be solely at Your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by You due to the usage of such information will be solely a loss incurred by You, and We is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.
6. TERMS AND CONDITION IN RELATION TO THE SALE OF THE PRODUCTS
A. CANCELLATIONS AND REFUNDS
You can cancel an order within [12-14 days] day(s) of placing the order. However, you shall not be entitled to cancel the order if We have already dispatched the order. Any amount paid will be credited into the same payment mode using which the payment was made upon the cancellation of your order.
If You have selected Cash on Delivery option to make the payment, no amount shall be refunded to You because You haven't paid for Your order. For payments made via other payment options that We offer including but not limited to Credit Card, Debit Card, Net Banking, You will receive refund into the source account within [7] days from the time of order cancellation or within reasonable time prescribed by the Reserve Bank of India or any other competent authority under any law for the time being in force.
B. RETURNS AND EXCHANGE
Subject to this Terms of Use, You can place return, or exchange request as the case may be through the option available in Our Website.
Initially You will be given an option to exchange the Product purchased on Our Website in case (a) the Product is tampered damaged, broken (b) wrong Product is delivered to You (“Defect’). If You do not prefer an exchange of the Product in case of any Defect, You have the option to submit a return request for the Product purchased on Our Website.
You agree and acknowledge that You shall place any such request for exchange/ return of the Products within 7 days of date of delivery of the Product. The Product shall be returned to Us as received by You along with the tags, invoices, and other packaging. Further, We do not accept the exchange/return any Products if the Product is used by You upon delivery. Your exchange/return request shall be verified by Us. We may request you to provide necessary information including but not limited to the images of the Product received, unboxing video to ascertain the Defect prior to the exchange/ return of the Product. Subject to our complete satisfaction that Your return request is genuine, We shall initiate the refund process of such returned Products.
The acceptance of the exchange/return request shall be at our sole discretion. If We find Your request to be genuine, Our logistics partner will exchange the Product or pick up the return Product, as the case maybe, within 7-10 days from the request of exchange/return. Your exchange/return shipment is free of charge in case of any Defect. A maximum of two pick up attempts shall be made by Our logistics partner.
We may contact You to ascertain the kind of Defect prior to the exchange/return and issue of the refund by Us to You is available only in case of return of Products. We shall process the refund once We receive the Product in our warehouse or the designated site of Us. We shall send a confirmation email to You on the refund processing. You will receive refund into the source account within 7 days from Our receipt of the returned Product or within reasonable time prescribed by the Reserve Bank of India or any other competent authority under any law for the time being in force. If You have chosen cash on delivery as the payment method or the credit/debit card which You used to make the payment is not valid while You placed the return request, the refund shall be made to Your bank account, provided You share with Us with Your bank account number, IFSC Code and other required details in order to transfer the refund amount to Your own account. Your name should match with the name of the bank account holder provided to Us in order to transfer the refund amount.
Subsequent to the return request placed by You, if the Products are returned by You directly by You, We shall be liable to refund the amount only after the successful return of the Products to Us. The onus shall be on You to prove by way of submission of proof of delivery from the concerned courier service provider to establish Your claim of return. We are not liable to process the return request until satisfactory proof of delivery is provided to Us.
In case of exchange/return where You would like Products to be picked up from a different address, the address can only be changed if pick-up service is available at the new address.
You acknowledge and agree that We reserve the right to refuse or cancel any return/exchange request that You have placed. Once Your return/exchange request is rejected, You will not be allowed to place any further exchange/return request for the same Product. In case We reject Your return request, You will not be refunded the payment made or any costs.
Our decision shall be final and binding on You and You agree not to hold us responsible for any refusal of Your exchange/return requests. We shall reserve the right to restrict exchange of the items purchased on Our Website if You in any way breaches or misuse this Terms of Use, as determined in our sole discretion.
C. OUR SHIPPING AND DELIVERY POLICY:
We shall put every effort to ship Our Products to You as early as possible. It may take 4-7 working days from the date of the order for Us to deliver the Product to You. In case of international shipping, the delivery timeliness shall be intimated to You at the time of placement of Your order. All international orders may attract local duties in that country and You will have to pay locally, accordingly.
You acknowledge that a maximum of two delivery attempts shall be made by Our logistics partner to deliver the Product purchased by You. Despite such attempts, if You fail to receive the Product, We shall construe such failure to receipt as a cancellation of Product by You and it shall be governed by the terms of cancellation and refund policy as described under this clause.
We levy a non-refundable delivery and packaging charge which shall be displayed for each Product. This may vary from products-to-product placed on the Website. The total delivery charge of Your order shall be displayed in Your shopping cart in the Website.
We engage third party logistic service providers for the delivery of the Products to You. We shall not be liable for any delay in delivery of the Products which may be caused by such third -party logistic providers. Further, We shall not be liable for the loss or theft of the Products during transit. We shall provide You the details of the logistic partner who will deliver the Product to You through email with the tracking number. The date of delivery provided by the delivery partner is only indicative in nature and based on Your delivery location.
While placing the order, You shall be prompted to give a shipping address. Please ensure to provide Us the correct, complete, and accurate information along with the pin code for the delivery of the Products. We shall be, under no circumstance, be liable for any failure in delivery of the purchased Product arising out of Your failure to provide Us with correct and complete shipping address.
We shall take reasonable endeavors to ensure the timely delivery of the Products. The shipping and delivery timelines mentioned herein is approximate and We do not guarantee it. The delay in delivery might be caused due to changes in inventory or delivery capacity, extraneous factors including but limited to unsuitable weather, lockdowns, pandemics, political disruptions, act of God and other unforeseen circumstances which are beyond Our control. In such cases of delay, We shall intimate You through Your registered email ID.
In case You have deadline to meet, please place Your orders early. We shall not be under any obligation to compensate You for any kind of delay, mental agony or tortuous claim that may arise due to the delay in the shipment and delivery.
In case You are directly engaged with a logistics service provider for the delivery of the Product, We shall not be liable for any loss or damage caused to the Product while delivering the Product to You and there shall be no refund of the amount made.
7. INTELLECTUAL PROPERTY RIGHTS AND WEBSITE LICENSE
The copyright, database right and other intellectual property rights in the Website and Services including without limitation all content included on the Website, Products, Registration Data, texts, graphics, logos, button icons, images, audios, clips, digital downloads, software, data compilations and technology used or appearing or transmitted through it (“Intellectual Property”), belongs to Us or Our affiliates or licensors and are protected by the laws of India and/or foreign countries. We and Our licensors reserve all rights not expressly granted in these Terms of Use.
All software used on the Website is Our Intellectual Property and is protected by Indian and international copyright laws.
Subject to this Terms of Use and solely within the limits permitted by the Us herein, We grant You a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Website, the Services provided in the Website. This license does not include any redistribution of resale or commercial use of the Website.
You shall not re-utilise the Services of Our Website or systematically extract any part of the content, use any robots, data mining or extraction tools for reutilization of Our Website. Further, You shall not create publish anything that features parts of Our Website (for example Our Services and its prices) without our prior written permission.
“Skin Garden” and/or “Skinny Secrets”, Our logo(s), and local language variants of the foregoing trademarks, and certain Product names that appear on this Website (collectively, the “Skin Garden Marks”), are trademarks or registered trademarks of Us. Except as expressly provided in these Terms of Use or as expressly authorized in writing by the Us, You shall not use any Skin Garden Marks or Our Intellectual Property either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.
References to other parties trademarks on this Website including but not limited to Our payment service providers and other service providers are for identification purposes only and do not indicate that such parties have approved this Website or any of its Services. These Terms of Use do not grant You any right to use the trademarks of such other third parties.
8. REPRESENTATIONS AND WARRANTIES
You represent and warrant to Us at all times that:
a. You are fully capable and competent to enter into this Terms of Use and that You have the right, authority, and capacity to enter into, and to be bound by, this Terms of Use and to abide by the terms and conditions contained herein, and that You will so abide.
b. You shall not avail any of the Services beyond the contemplated functionality of the Services.
c. You shall not attempt to gain unauthorized access to any of the Services or any networks, servers or computer systems connected to the Services.
d. You shall not avail any of the Services in a way that may damage or impair (i) the Services, or (ii) Our underlying systems and security.
e. You shall not avail any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
f. You shall not use any intellectual property whether owned by Us or other third parties, including the copyrighted content displayed on the Website for any personal or third-party gain, without Our express consent.
g. You shall not modify, adapt, translate, or reverse engineer any part of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).
h. You agree to promptly notify and bring to Our notice in the event Your Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), immediately after the Primary Registration.
i. You understand and acknowledge the any calls, text messages that You receive from Us on Your Mobile Contact Number are not unsolicited calls or messages.
j. You will not carry out any action or omit to do any action which will create liability for Us or cause Us to lose (in whole or in part) the Services of Our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.
9. CUSTOMER CARE
If You have any queries, questions, comments, or concerns in relation to the Products or Services, You can also reach Us out at [contact@skingardenstore.com]. Further, You can also submit Your queries and concerns in writing through the option available at the comment section in Our Website.
10. CONFIDENTIALITY
Each Party acknowledges and agrees that in the performance of this Terms of Use it may have access to or may be exposed to, directly or indirectly, Confidential Information of the other Party.
Each Party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the Disclosing Party; (b) it shall not use Confidential Information of the other Party for any purpose except in furtherance of the Agreement; (c) it shall not disclose Confidential Information of the other Party to any third party, except to its employees, officers, contractors, agents and service providers on a need to know basis in connection with the Agreement, provided such permitted persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the Disclosing Party upon the termination of the Agreement or at the request of the Disclosing Party (subject to Applicable Law and, with respect to Us and Our internal record-keeping requirements).
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the Receiving Party; (b) was possessed by the Receiving Party prior to the date of signing up on the Account without an obligation of confidentiality; (c) is disclosed to the Receiving Party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to Applicable Law, court order, subpoena or governmental authority, provided the Receiving Party notifies the Disclosing Party thereof and provides the Disclosing Party a reasonable opportunity to contest or limit such required disclosure.
For the purpose of clarity, “Confidential Information” means any or all information including but not limited to information that is exchanged through this Website between the parties and other information which are considered to be confidential.
For the purpose of clarity, “Disclosing Party” means the Party disclosing its Confidential Information under this Agreement and “Receiving Party” means the Party receiving Confidential Information under this Agreement.
11. PERSONAL DATA PROTECTION
Our obligation for the use of Personal Data will be restricted within the scope of the purpose of collecting such Personal Data.
Personal Data. To the extent that We receive Your Personal Data as a result of rendering Our Services, We agree that it will (a) not disclose or use any of Your Personal Data except to the extent necessary to carry out Our obligations hereinunder and for no other purpose, (b) not disclose Your Personal Data to any third party, including Our third party service providers without the Your prior written consent and subject to the further requirements of this Clause, (c) employ administrative, technical and physical safeguards to prevent unauthorized use or disclosure of Your Personal Data, (d) promptly provide such information regarding its privacy and information security systems, policies and procedures as You may request relating to its due diligence and oversight obligations under Applicable Laws and regulations, (e) in the event of any actual or apparent theft, unauthorized use or disclosure of any of Your Personal Data immediately commence all reasonable efforts to investigate and correct the causes and remediate the results thereof, and (f) as soon as practicable following discovery of any event described in sub-clause (e) hereof, provide You a notice thereof, and such further information and assistance as may be reasonably requested.
12. DISCLAIMERS OF WARRANTIES
YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT NOT OTHERWISE SET IN THIS TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE WEBSITE INCLUDING THE PRODUCTS AND SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE OR THIRD PARTY SERVICES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF PRODUCTS AND SERVICE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (D) YOUR USE OF THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS (E) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR, INFORMATION OR MATERIALS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER US NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTSAND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR WEBSITE FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME INCLUSING BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL(C)ANY LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY YOU.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE, ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES) C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
WITH RESPECT TO THE USERS ACCESSING THE WEBSITE, PURCHASING THE PRODUCTS AND USAGE OF SERVICES, OUR TOTAL AGGREGATE LIABILITY UNDER THIS TERMS OF USE SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY YOU.
14. INDEMNITY
You hereby indemnify, defend, and hold Us, Our affiliates, licensors, distributors, agents, representatives and other authorized user harmless from and against any and all losses, damages, liabilities and costs arising from or in connection with a) use of the Website and Services b) Your breach of any terms, obligations, representations and warranties under this Terms of Use c) any claim that the provision or use of the Services infringes any third party rights d) breach of Applicable Laws.
Nothing in these Terms of Use shall exclude or limit Our liability for any liability which cannot be excluded or limited under applicable laws in force in India. Your statutory rights as a user are not affected by this Terms of Use.
15. GRIEVANCE REDRESSAL MECHANISM
Any complaints, abuse or concerns with regards to the use, processing and disclosure of Information provided by You or breach of these terms or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:
Mr./Ms. [Aishwarya Nagarajan/ Veni S]
Email ID: contact@skingardenstore.com
Mobile Nos.: 9626933334, 9626933335
16. FORCE MAJEURE
We shall be relieved of all Our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond Our reasonable control. You further acknowledge and agree that We are not responsible or liable for (a) any incompatibility between the Website and any other website, service, software, or hardware or (b) any delays or failures You may experience with any transmissions or transactions relating to the Website in an accurate or timely manner.
17. GENERAL
All notices shall be given to Us via email, or to You at either the email or postal address You provide.
Any waiver of Our rights or remedy under these Terms of Use shall only be effective if it is in writing, executed by Our duly authorized representative, and shall be applicable only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms of Use shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.
This Terms of Use and Privacy Policy incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.
The provision(s) of these Terms of Use shall be sought to be harmoniously interpreted with each other, as well as applicable Laws (including the applicable laws based on Your jurisdiction and upheld to the fullest extent permissible under applicable Laws. Further, the provisions contained in this Terms of Use shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable Laws. Further, if any of those provision(s) are void, but would be valid if some part of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid.
You confirm that You do not have an employment, contractor, agency, or partnership relationship with Us. We are merely providing You the Services on your request. Further, You are acting on either on Your own or behalf of another person, in the manner stated in the Terms of Use.
These Terms of Use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws prevalent in India. You agree that the courts of Chennai, Tamil Nadu shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms of Use.