Terms and conditions for use of website:
The use of the website and all the materials on this website are subject to the terms and conditions of this legal webpage.
Please read these terms and conditions carefully before using the website. By using this website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of use contained on this legal webpage. These terms and conditions may be amended or changed by us at any time at our discretion. You agree that your continued use of this website after any such
amendment or change shall constitute your agreement to any such changes.
This document is an electronic record in terms of the Information Technology act, 2000 (“IT Act”) and rules issued thereunder, as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws, including the Consumer Protection (e-commerce) Rules 2020, that require publishing the rules and regulations, privacy policy and terms and conditions. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can use the website and/or transact on the website. Any minor who wishes to use or access the website is required to conduct such transaction through their legal guardian or parents. If you represent a
company, partnership firm or sole proprietorship, you shall be eligible to access and use the website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
Please read these terms and conditions carefully. By accessing, browsing, using https://www.wearcomet.com/ ; or any other website, mobile version of the website or mobile application (together hereinafter referred to as “the website”) or availing any of the products of Grails Marketing Private Limited (hereinafter referred to as “Company” or “us” or “we” or “Comet”), you including the persons
who browse or the persons who order the product agree to be bound by all of the terms and conditions mentioned hereunder.
General
This website is owned and operated by COMET. COMET has the right at any time to change or discontinue any aspect or feature of this website including, without limitation, the content, hours of availability and equipment needed for access to or use of the website. COMET has no obligation to update this site in a specific timeframe and, therefore, any information may be out of date. Any
graphics, animations, video, sound, text, trademarks, or service marks, and/or other information presented at this site are the property of COMET. Use of this information requires written permission from COMET.
Trademarks
This website contains many trademarks, trade names, service marks, copyrights, and/or logos of COMET. Such marks remain the property of COMET. The customer recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this website, any right, title, or interest in the marks. The customer agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
Monitoring
COMET reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this legal webpage and any rules established by COMET to satisfy any law or regulation.
Business
Any business associates of COMET identified in this site are independent of COMET. Such business associates are not joint venture partners or any other kind of partners of COMET. No employee or representative of any business associate is under the control of COMET. The information and descriptions contained on this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by COMET.
Disclaimer of warranty and limitation of liability
You expressly agree that the use of this site is at your sole risk. Neither COMET, its affiliates nor any of its or their respective employees, agents, third-party content providers, licensors or business partners warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may obtain from use of this site, or as to the accuracy or liability of any information, service or merchandise provided through this site.
This site is provided on an as-is basis without warranties of any kind, either express or implied, including but not limited to warranties of title, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of this site.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site whether for breach of contract, tortious behaviour (including strict liability), negligence or
under any other cause of action. You specifically acknowledge that COMET is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
In no event will COMET, or any person or entity involved in creating, producing or distributing this site, or the content included herein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including without limitation,
lost profits or revenues, loss of use or similar economic loss, arising out of the use of inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on this site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall COMET’s total liability to you for all damages, losses or causes of action, whether in contract tort including its own negligence or under any other legal theory including strict liability, exceed the amount paid by you, if any, for accessing this site.
Indemnification
Any notices required or permitted hereunder may be given by personal delivery in writing or by mail. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices shall be addressed as follows:
Grails Marketing Private Limited
11 th Mile, Tumkur Road, Madanayanahalli Post,
Bangalore, Karnataka - 562123
Personal information
At times, we may ask you for personal information while you are visiting our website. We ask for this information only to deliver materials that you have requested, to respond to a question you have asked, or to provide you with a product or service.
All of the information that our customers provide to us through this website is subject to the protections outlined in our privacy statement and notice of privacy practices.
COMET takes the security of your information very seriously and has established security standards and procedures to prevent unauthorized access to customer information. We maintain safeguards to guard your information. All authorized personnel within our organization who deal with your information must abide by a confidentiality agreement. COMET’s website, however, includes links to other sites and when you choose to visit those sites, we are not responsible for their privacy policies or how they treat user information. In addition, we may permit third parties to offer registration-based services through our site. We are not responsible for the actions and policies of these third parties, and you should review the privacy policy of those parties before supplying personally identifiable information to them.
Cookies
To improve our internet service to you, we will occasionally use a "Cookie" ;. A cookie is a small amount of data that our web server sends to your web browser when you visit certain parts of our site. We use cookies to assist our understanding of your interest in our website and to store and maintain user
preferences. A cookie is not a computer program, it cannot read data from your computer, perform any action on your data, or embed any commands in your computer. While cookies are used to identify repeat visitors to a website, they do not contain any personally identifying information about you, such as your name, e-mail address, user id, or password.
Cookies cannot gather any personal information about you other than information you provide voluntarily, such as the information you enter if you choose to register on the site.
Most browser software lets you decide whether or not you want to allow cookies to be created. You can set your browser to notify you when a website sends a cookie to your computer. Most browsers also provide a way for you to remove cookies from your computer. If you tell your browser to deny cookies while you are visiting the website, visit will be terminated for your protection.
Links
This site may contain links to other internet sites (“third party sites”) that are not maintained by COMET. These links are provided solely for your convenience, and you access them at your own risk. COMET makes no warranties or representations about the contents of products, services or information offered in such third-party sites. Consequently, COMET is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to COMET’s website.
Prohibited Use:
Any use of this website for an illegal or objectionable purpose is strictly prohibited. The Customer agrees that it/he/she will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities
involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally
protected property right, etc.
By using this website, the Customer agrees that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. COMET reserves the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any
and all information relating to such prohibited use. COMET, its officers, directors, employees, agents, partners, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this website. Any violation of this or any other section
contained herein may result in termination of service and or any other action COMET determines appropriate under the circumstances.
Force Majeure
Notwithstanding any other provision set forth in these terms and conditions, COMET shall not be liable for any failure or delay in its performance due to any cause beyond COMET’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide
strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that COMET shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
Relationship
Nothing in this agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
Entire agreement
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.
Severability
If any provision of these terms and conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
Termination
COMET may, in its sole discretion, terminate or suspend your access to all or any part of this site including, but not limited to, any bulletin boards on this site, for any reason, including without limitation, breach of this agreement. If this agreement is terminated, the restrictions regarding materials appearing on this site and the representations and warranties, indemnities and limitations of liability set forth in this agreement shall survive any such termination.
Governing law
These terms and conditions are governed by the laws of India.
Jurisdiction
This website is controlled and operated by COMET from its registered office located in Bangalore, Karnataka, India. COMET does not represent or warrant that any materials on this site are appropriate or available for use in any other location. If you choose to access this site from another location, you do so at your own risk and are responsible for complying with any and all local laws.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any action related to matters on this website shall be brought in the appropriate courts of Bangalore.
Terms and conditions for sale:
General
All orders shall be subject to the terms and conditions mentioned below. Any person placing an order/s on the website ordering the product (“Customer”) shall be capable of entering into a legally binding contract under the Indian Contract Act, 1872 (competent parties), their consent being free (without any force or coercion) and the object and consideration being for a lawful purpose.
Delivery
The products should be delivered only in India and can be ordered only by persons residing in India and having a valid address. The delivery shall be subject to the Customer complying with all the legal requirements, rules, regulations and having all statutory documents in place. COMET or any third-
party courier agency shall not be responsible for any delivery not being done because of the non-existence or the non-production of the statutory documents or the address being incomplete or incorrect.
Subject to raising of a proper order, the product shall be delivered at the address indicated by a third-party courier agency. The Customer herein gives an absolute authorization in favour of such third-party agency to deliver the product ordered. As the products are to be delivered by a third-party courier agency, COMET shall not be responsible for any late delivery or any non-delivery because of the incorrect address.
Any customer complaint between the Customers with respect to the delivery of the product shall be between such Customer and the legal entity who has delivered the product without any liability of any nature whatsoever being passed on COMET. However, COMET shall be responsible for the quality of
the product, subject to there being no limitation.
COMET shall have a right to share the information of the Customer with such third-party in order for the fulfilment of the order placed on the website. The Customer/user confirms and acknowledges the same. The Customer also gives the right to COMET to use his/her information for sharing marketing and product update. COMET shall be the custodian or the owner of such data.
Modification
Once a product has been ordered, any further deviations can happen only before 5 days of the proposed delivery. Deviations from or subsequent amendments or additions to such order must be in writing. Any order or deviation by Phone shall be possible only if the same is followed by a written confirmation.
Title and taxes
The title of the products shall be transferred to the Customer once the products has been dispatched. The taxes on the product shall be borne by the Customer.
Acceptance of terms and conditions
Display of the product by COMET on the website shall be deemed to be a proposal. Once the Customer decides to order any product on the website, it shall be deemed acceptance of the contract by such user.
Order processing
All purchases made on the website are subject to COMET’s acceptance, which is in its sole discretion. Without limitation, this means that COMET may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, COMET reserves the right to refuse to
accept or cancel any orders which are to be shipped to any freight forwarding or similar service,whether or not the order has been confirmed.
Grievance redressal
COMET shall endeavor to resolve any complaint and dispute, that may arise on account of your online purchase of the product, technical difficulty or with respect to the services received. Complaints pertaining to the products shall be forwarded to hello@wearcomets.in for further review, investigation and response.
