TERMS & CONDITIONS : SIXTEENINCHES
Terms & Conditions Introduction: Sixteeninches.com (‘Website’) is an online service owned, operated and managed by Sixteen Inches (‘Sixteeninches’ or ‘we’ or ‘us’).
In using/accessing the website you (‘User’ or ‘you’, as the context would require) are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website.
If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at email@example.com. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights: Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, private or non-commercial use is prohibited unless explicit prior permission is obtained from Sixteeninches in writing. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties.
This site is designed, updated and maintained by Sixteeninches or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
The accuracy of content and invitation to offer: We have taken all care and precaution in the preparation of this Website, including but not limited to trying and providing accurate data and information, ensuring that prices quoted are correct at time of publishing and that all products have been fairly described. Services, however, are listed exclusive of service tax as rules for service tax vary with different services.
Packaging may vary from that shown. The weights, dimensions and capacities indicated are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
No act or omission of Sixteeninches prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore, acceptance of the order.
• User is hereby authorised to use the website for a lawful purpose and for the purposes as mentioned under the policies of Sixteeninches and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
• Sixteeninches strives to provide the best prices possible on products and services to users buying or availing from the Website. However, Sixteeninches does not guarantee that the price will be the lowest in the city, region, geography or in comparison with any platform similar to Sixteeninches. Prices and availability are subject to change without notice or any consequential liability on the Sixteeninches;
• The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
• All offers on Products shall be for limited stocks and are for the limited period(s). Sixteeninches may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Website accordingly; • A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Sixteeninches;
• Sixteen Inches may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Sixteeninches’ decision in relation to cancellation of the order shall be final and Sixteeninches shall not be liable for such cancellation(s) whatsoever;
• Expected delivery time as committed by the customer care representatives of Sixteeninches or mentioned on the website may vary and Sixteeninches disclaims any delay due to circumstances beyond the control of Sixteeninches which include but are not limited to non-availability of product(s), non-availability of the flavour chosen by you, delay in import of product(s);
• Sixteeninches endeavours to provide accurate information relating to the products, services and pricing. However, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Sixteeninches may, at its discretion, either contact User for appropriate instructions or cancel the User’s order without instructions from the User and will notify the User about such cancellation;
• Sixteeninches shall have right to modify the price of a product or service any time, without any prior information or intimation to the Users; • Sixteeninches reserves the right to refuse access/use or to reject orders to/from anyone, respectively, at any time;
• Sixteeninches reserves the right, in its sole discretion, to suspend or cancel the service of the Website at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service;
• Sixteeninches reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice/intimation to the user;
• Under no circumstances, shall the liability of Sixteeninches exceed the amount paid towards purchase of the product(s) by User. Sixteeninches reserves the right in its sole discretion to either provide the User with a replacement of the same product/alternate product of the same value; or refund the said amount;
• The User Agreement is subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Karnal, Haryana (India) only. Cancellation: By Sixteen Inches: Sixteeninches reserves the right, at its sole discretion, to refuse or cancel any order owing to any reason whatsoever, without assigning any reason for such refusal or cancellation to the User. User hereby accepts and undertakes that the above-said term is acceptable and he/she/it will not contest or raise any dispute regarding the same.
Non-availability of the product altogether, non-availability of the product in the quantity ordered by User, non- availability of delivery or any other logistic service, inaccuracy or error in pricing or product information, or problems identified by Sixteeninches’ credit and fraud avoidance department; are a few but not limited reasons for refusal or cancellation of orders placed by User.
Sixteeninches may also require additional verifications or information before accepting any order. Sixteeninches may contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after the credit card has been charged, the said amount will be reversed in User’s credit card account by our payment partner within reasonable time.
Cancellation by the User: In case of requests for order cancellations, Sixteen Inches, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As a typical business practice, upon receipt of a cancellation request and if the order has not been initiated/processed/approved by Sixteeninches, Sixteeninches shall cancel the order and refund the amount of the product to User within a reasonable period of time.
Sixteeninches will not be in a position to approve cancel orders that have already been initiated/processed and it is pertinent to note that Sixteeinches has the absolute right and discretion to take a call on whether an order has been initiated/processed or not.
User hereby agrees and undertakes that User shall not create any dispute on the decision taken by Sixteeninches on cancellation. Return/Exchange: We assure the User that the products offered on the Website are 100% authentic and genuine.
All products come with GST bill, importer stamp and bar code scan. Further, we assure the User that the product(s) will be delivered with intact and good quality packaging. On receipt of your order, if you have any doubts about the authenticity of the product(s) you may write to the manufacturer of the product for verification.
However, in case you are not satisfied about the authenticity of the product(s) you may return the product, costs and expenses for which will be solely borne by you. Further, please note that the product(s) will be accepted upon return only if it is in the same condition as it was delivered to you from our end i.e., with the seal intact, of the same weight and not tampered with or consumed at all.
Usage Restrictions: You will not:
• Use the Website or any content thereof for any purpose that is illegal, unlawful or prohibited by this User Agreement or by applicable laws of India;
• Or attempt to circumvent or disable any usage rules, security features of the Website;
• Tamper with the Website;
• Use the Website in a manner that threatens the integrity, performance, functioning or availability of the Website;
• Interfere with any other person’s use or enjoyment of the Website; • Breach any applicable laws;
• Interfere or disrupt networks or websites connected to the Website;
• Use any engine, software, tool, agent, or other device or mechanism (including but not limited to spiders, robots, avatars, or intelligence agents) to navigate or search the Website other than the search engine and search agents available from Sixteeninches on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).
• Decipher, decompile, disassemble, or reverse engineer any part of the Website or attempt to do the aforementioned;
• Copy or duplicate the Website or any content thereof, in any manner;
• Frame or hotlink or deeplink any content on the Website. Pricing Information: While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you place your order.
In the event a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event, we accept your order the same shall be debited to your credit/ debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed.
The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account by our payment parter.
We strive to provide you with the best value, however, prices and availability are subject to change without notice. Indemnity: We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). 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.
This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Karnal, Haryana.
You agree to defend, indemnify and hold harmless Sixteeninches, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Sixteeninches or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity.
This clause shall survive the expiry or termination of this User Agreement. Eligibility of User: Use of the Website is available only to persons who can form legally binding contracts under applicable law.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your access/use of the Website at our sole discretion.
The Website is not available to persons whose access/use has been suspended or terminated by us for any reason whatsoever. If you are accessing/using the Website as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable and this User Agreement.
We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. 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 notwithstanding any variance with any other terms of any order submitted.
Privacy: All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive. You can access, modify, correct and eliminate the data furnished by you to us. If you update any information relating to you, we may keep a copy of the information which you originally provided to us.
Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service. We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
Financial Details: You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or any financial facility which is not lawfully owned/ obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit/debit card fraud.
The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws. Communication: When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically.
We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
Website feedback, user comments and user generated content: All reviews, comments, feedback, postcards, suggestions, ideas, published on Sixteeninches’ Instagram, Facebook, Linkedin, Twitter pages/handles (collectively, the “Comments”) regarding Sixteeninches or its CEO, Founder, employees, assigns or any person affiliated with Sixteeninches, shall be and remain our property. Publication of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments from you to Sixteeninches. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments published by you will not violate this User Agreement and will not cause injury to any person or entity. You further agree that no Comments published by you will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, untruthful or contain statements which are inaccurate, false, defamatory, or which cause harm to the reputation of Sixteeninches, contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments published on our social media pages. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you publish.
You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark: We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us.
The Sixteeninches names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Sixteeninches. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever.
No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorise anyone to use any name, logo or mark which appear on the Website in any manner.
References on this Website to any names, marks, products or services of third parties are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
All software used on this Website is the property of Sixteeninches or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited.
The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Sixteeninches and is also protected by Indian copyright laws.
Termination: This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Sixteeninches.
Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.
Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers: The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. Further, the information contained on this Website is provided for informational purposes only, and is not meant to substitute any advice rendered by a doctor or other health care professional.
The information and statements contained herein or communicated to you by our customer care representatives are only suggestive in nature and are not indicative of any diagnosis, treatment, cure or prevention of any disease. You should carefully read the entire content on the packaging of the product and most particularly, the recommended usage.
Further, you acknowledge and agree that results from consumption or usage of products will vary from individual to individual and no individual result should ne construed as typical. Sixteeninches does not guarantee desired results. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Sixteeninches, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Entire Agreement: If any part of this User 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 User Agreement shall continue in effect.
Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services.
Our 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.