Terms And Conditions

www.evermorestores.com website is an Internet based content and e-commerce portal owned and operated by Evermore Stores, a sole proprietorship firm (hereinafter referred to as the Firm).


Please read the following terms and conditions carefully as the use of our service is undertaken under the consideration that you have read and agreed to the following terms and conditions. The use of our 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. The Firm at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof. By subscribing to or using any of our services, you have agreed, read, understood and agreed to the terms, regardless of what kind of business we are engaged in.


User Account, Password, and Security


You have to create your username and password 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 the Firm 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. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause. All emails and newsletters from this site allow you to opt out of further mailings.


Privacy Policy


The User hereby consents, expresses and agrees that he has read and fully understands our Privacy Policy in respect of the website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.


Limited User


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. Reproduction and copying of a limited portion of content of the website is permitted only after prior written permission of www.evermorestores.com is obtained and that www.evermorestores.com name is stated as the source. 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:


(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.


(b) Publish, post, uploads, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.


(c) 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.


(d) 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.


(e) Conduct or forward surveys, contests, pyramid schemes or chain letters.


(f) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.


(g) 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.


(h)

(i) Violate any applicable laws or regulations for the time being in force in or outside India.


(j) Violate any of the terms and conditions contained herein or any other terms and conditions for the use of the website contained elsewhere herein.


You shall be liable and responsible for all the activities carried in your user name and shall be responsible for the violations of the above rules or any other terms and conditions for the use of the website. You agree to defend, indemnify and hold the Firm and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of our website / services, your violation of these Terms and Conditions, or your violation of any rights of another. You agree to indemnify the Firm and its affiliates against all or any legal action faced by the Firm on account of the activities carried in your username.


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Intellectual Property Rights of the Firm and Third Parties


The Firm is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on our website are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by us.


Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. The firm retains the right to display such designs or offer them (or variations of such designs) to other customers.


Additionally, the Firm has the sole discretion to reject any order that it considers libellous, defamatory, obscene, profane, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production.


You agree to not use our services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Pricing


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 the discretion of the Firm.


Limit of the Firm’s Responsibility


The Firm will be responsible for acting only on those instructions sent to the Firm that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. The Firm is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. The Firm is not responsible should you give incorrect instructions to your bank or if your payment is not processed by your bank or credit-card company.


In no event will the Firm be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the firm or representatives thereof, are advised of the possibility of such damages, losses or expenses.


You are responsible for the quality of images uploaded by you and the Firm shall not be liable in case the image is not in the proper format or has unsuitable / inappropriate pixels etc.


Shipping


Title and risk of loss for all products ordered by you shall pass on to you upon shipment by the Firm to the courier agency.


Report Abuse


As per these Terms, users are solely responsible for every material or content uploaded on to the website. The Firm does not review the contents in any way before they appear on the website. The Firm 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. If you come across any abuse or violation of these Terms, please report to the Firm.


Governing Law


In case any dispute arises between the user(s) and the Firm, the same shall be referred to a Sole Arbitrator appointed by the Firm. The arbitration would be governed by the provisions of the Arbitration and Conciliation Act, 1996. The seat of the arbitrator and venue of arbitration shall be Delhi. The arbitration shall be subject to the jurisdiction of the Courts of Delhi. All legal proceedings shall be subject to the jurisdiction of the courts of Delhi, India and shall be governed by and construed in accordance with the laws of India. Cookie/Tracking Technology: The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.


Distribution of Information: We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.


Security


We have taken the necessary steps to create a secure environment for credit card transactions. All credit card transactions are carried out through CC Avenue Payment Gateway.

 

Disclaimer - The actual product colour and texture may vary from the pictures, images and designs shown on the website.

 

 

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