By purchasing or ordering the Products and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at www.ecigdc.com.
“ECIGDC” means Ecigdc.com, together with its subsidiary and holding companies and any subsidiaries of such holding companies.
“Conditions” means these terms and conditions.
“Products” means any Products you purchase under these Conditions.
“Non-subscription Services” mean any Services other than Subscription Services.
“Personal Information” means the details provided by you to us.
“Services” means any services you order or otherwise purchase under these Conditions.
“Subscription Services” means Services to which you subscribe on an ongoing basis, for example technical support Services.
“Us/our/we” means I & G Marketing Company, a company registered in India located at 103,LD Block, Pitampura, New Delhi -110034
“Website” means either one of the websites located at www.ecigdc.com or any other link which may replace it.
“You/Your” means the person who is 18 years old or above and ordering or otherwise buying the Products or Services.
In order to visit our website and buy our products you must be 18 years of age or older or legal age limit in India to use smoking related products whichever is higher.
RIGHTS & OBLIGATIONS
1. You undertake:
i) to pay any amounts due to us in a timely manner;
ii) that the Personal Information you provide is true, accurate, current and complete in all respects;
iii) to notify us immediately of any changes to the Personal Information using the contact details in Clause 26; and
iv) Not to impersonate any other person or entity or to use a fake name.
2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Products or Services available. We also reserve the right to change or add to these Conditions from time to time.
3. Unless you have placed an order for any Products or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
4. From time to time we may also have to make changes in the specification of any Product or Service:
i. to make it conform with any applicable safety or other statutory requirements; or
ii. to make it reflect changes in the manufacturer’s specification,
but we will endeavor to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
5. Products and Non-subscription Services:
i. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Products or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
ii. We shall not withdraw or modify to your substantial detriment any of the Products or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
iii. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
6. Estimated time frames for delivery of Products or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
7. Products may be subject to Indian export control laws and laws of the country where they are delivered or used. Under these laws, such Products may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of ”Weapons of Mass Destruction”, including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Products are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
8. Products and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the INDIA. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
9. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
10. Each order placed by you will be treated as an offer to purchase the Products and/or Services to which your order relates. The contract will only be completed when we dispatch the Products/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
11. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
12. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Products or Services for profit.
PRICE AND PAYMENT
13. The price of the Products or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
14. If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we maywhere you have ordered Products or Non-subscription Services, cancel this agreement; and/or
15. You confirm that any payment method you use is yours.
16. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
17. Once your Products have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Products shall pass to you.
18. Irrespective of your receipt of the Products, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Products.
19. Until such time as the ownership passes to you, you shall hold the Products on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Products to us.
CANCELLATION, RETURNS AND EXCHANGES
20. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days’ written notice.
21. In certain situations, we may be prepared to give you a refund or exchange for Products if you change your mind.
22. Products and/or Services ordered online or over the phone only
i) Consumers ordering Products or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000.
ii) You may cancel any order for Services any time within 7 working days from the day after placing your order, however, you may not cancel once we have started providing any part of such Services to you with your agreement.
iii) You may cancel any order for Products other than audio or video recordings or software at any time within 7 working days from the day after receiving your Products without liability to us.
iv) A working day is any day except Saturday, Sunday and INDIA public holidays.
v) You may cancel your order by calling us.
vi) If you cancel an order for Products, they must be returned to us within a reasonable period, complete (with any accessories, leads or other items provided with the Products) and undamaged, with proof of purchase. If you fail to return the Products in this manner, we may charge you the costs we incur in recovering the Products from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
vii) Unless collection of the Products has been arranged, you must return the Products by sending them to Returns Team, LD-103, Pitampura, Opp.P.P. International School, New Delhi -110034, in some occasion at your cost. It is your responsibility to ensure that the Products are received by us and we recommend using Special Delivery or Signed For services where appropriate.
viii) Where we have agreed to collect the Products from you, you must ensure that they are available for collection at the time arranged.
ix) You shall be under a duty to take reasonable care of the Products until received or collected by us and it is your responsibility to ensure that the Products are not damaged whilst in transit using transport arranged by you.
x) You are entitled to examine any Products ordered as you would in a shop. However, if you use the Products, you may lose your right to cancel your purchase. Use would include, but not be limited to using the Products to make or receive a call, sending or receiving SMS/MMS, connecting to and/or accessing the internet, downloading, or using any functions of the Products for example amending settings, saving data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Products returned which have been used or damaged whilst in your possession, up to the full cost price of the Products.
xi) If you cancel your order in accordance with the provisions of this Clause 22(iv), and 22(x) we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Products from you under Clause 22(vii) within 15 days.
23. We need to collect certain Personal Information to provide you with the Products and/or Services.
25. If you would like us to tell you what information we hold about you please write to: The Grievance Officer, I & G Marketing Company, 103, LD Block, Pitampura, New Delhi -110034 . We may charge aRs 500.00 administration fee. Please include your full name, address and a copy ID with each request.
26. You will have the opportunity to consent to us contacting you by post, email, phone, SMS or MMS about products and services which INDIA Electronic Cigarette Limited and carefully selected third parties we believe may be of interest to you. You can make changes to your marketing preferences at any time by calling us or writing to us at us c/o The Grievance Officer, I & G Marketing Company, 103, LD Block, Pitampura, New Delhi -110034 . Please note that it may take up to 28 days for such changes to take effect.
LIMITATION OF LIABILITY
27. We will not be liable for any loss or damage caused by us in circumstances where:
i) there is no breach of a legal duty of care owed to you by us; and/or
ii) such loss or damage is not reasonably foreseeable.
28. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
29. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
30. Nothing in these Conditions shall:
i) exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
ii) limit your rights as a consumer under applicable INDIA law.
31. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
32. The Products, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Products. This is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform to the legally required standard.
33. Each provision of this Clause 7 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
34. Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
35. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
36. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
37. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the INDIA.
38. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
39. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes. Calls to our customer service numbers should incur local call costs from a standard BT line, calls from other providers may vary and calls from mobiles may cost significantly more.
HANDLING COMPLAINTS AND SENDING NOTICES
40. If you wish to make a complaint in any case you may do so in the following way:
i) In writing addressed to: Customer Care Department, ECIGDC, 103, LD Block, Pitampura, New Delhi -110034 ; or
ii) Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.