TERMS & CONDITIONS
User Agreement
The Terms and Conditions (T&C.S) contained herein along with the Privacy Policy and Terms of Use, collectively forms an Agreement regulating our relationship with regard to the use of Divyank Industries PVT Ltd. shopping Platform (site) by you. Please read this Agreement carefully.
This Agreement is effective only upon due agreement / acceptance by you, through the “I Accept” button. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
This Agreement is effective only upon due agreement / acceptance by you, through the “I Accept” button. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
Definitions
“Agreement” means the Terms and Conditions (T&C.S) contained herein along with the Privacy Policy and Terms of Use including other T&C at other portals of BLM under the Himajal brand name. It will also include references to this Agreement as and when amended, novated, supplemented, varied or replaced.
“Site” means the Himajal website owned and operated by Divyank Industries PVT Ltd, which provides a venue to the users to buy the products listed / displayed.
“User” means and includes any Customer / Buyer / You (the person or any legal entity) who accepts the offer for sale of the Seller, through Divyank Industries PVT Ltd. by placing an order on the site.
“Product/s” connotes the goods, services promoted / displayed on the site and offered for any use / sale. Himajal.com reserves the right to accept or reject your offer. Products/services and information displayed on Himajal.com site constitute an “Invitation to Offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below.
The agreement between you and the Divyank Industries PVT Ltd. shall be subject to the following terms and conditions:
The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
These terms and conditions supersede all previous representations, understandings or agreements and shall prevail not with standing any variance with any other terms of any order submitted. By using the services of Himajal website you agree to be bound by the Terms and Conditions All prices, unless indicated otherwise are in Indian Rupees (INR) All prices and availability of products are subject to change without prior notice at the sole discretion of Divyank Industries PVT Ltd.
Divyank Industries PVT Ltd. reserves the right to refuse or cancel any order placed for a product without assigning any reason. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed by the Payment gateway the same shall be credited to your account and duly notified to you by email.
In a credit card transaction, you must use your own credit card. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user
Divyank Industries PVT Ltd shall not be held liable in any manner for any kind of fraud
On receipt of your request for the product, Himajal shall arrange to dispatch the product within the stipulated period. The stipulated period of delivery would be 15 days. Any request for cancellations of orders once duly placed on the site, shall not be entertained
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Himajal for redelivery shall be claimed from the User placing the order.
Himajal shall not be held liable for any delayed delivery of purchased goods due to, flood, fire, wars, acts of God or any cause that is beyond the control of Himajal.
The User expressly agrees that the use of services Himajal.com site is at the User’s sole risk. The Services of Himajal.com is provided on an “as is” basis without warranties of any kind, whether express or implied. Himajal its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the Service or as to the accuracy, reliability or content of any information, service or merchandise provided through this Service. Himajaldoes not represent or warrant to maintain the confidentiality of information; although Himajalcurrent practice is to utilise reasonable efforts to maintain such confidentiality
In no event shall Himajal, its directors, officials, representatives and employees be liable for any damages relating to products sold through its various platforms Presently, for the time being the services of Himajal website are being offered free. However, Himajal reserves the right to charge a fee to be decided by Himajal for any or such facilities
The User agrees to use the services provided by Himajal, its affiliates, consultants and contracted companies, for lawful purposes only The User agrees to provide authentic and true information. Himajal reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Himajal has the right in its sole discretion to reject the registration and debar the User from using the Services of Himajal website and / or other affiliated websites without prior intimation whatsoever
Himajal will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries or service interruptions as may occur. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortuous behaviour, negligence or under any other cause of action
Users who choose to access and/or use the site from other geographies and locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
This site is designed and created exclusively by Himajal Unauthorized use is strictly prohibited. All titles, trademarks, trade names, brands, logos, ownership rights and intellectual property rights, including copyright, rest with Himajal
The User shall not at any time and/or by any means copy, reproduce, distribute, sell, transfer, republish, store, archive or use other than as intended at this site with or without alteration or modification, any of the works, designs, contents, trademarks, trade names, brands and logos without the prior written permission of Himajal
This agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any disputes arising out or pertaining hereto
The decision of Himajal in respect of any other terms and conditions outside the purview of the above shall be final and binding
Any dispute to this Agreement including Privacy Policy, Disclaimer, Returns and Refunds Policy and any other terms and conditions imposed by Himajal is subject to Arbitration under the Arbitration and Conciliation Act, 1996. The place of Arbitration shall be Delhi. The language of Arbitration shall be English Service within 24 hours available only in New Delhi
“Site” means the Himajal website owned and operated by Divyank Industries PVT Ltd, which provides a venue to the users to buy the products listed / displayed.
“User” means and includes any Customer / Buyer / You (the person or any legal entity) who accepts the offer for sale of the Seller, through Divyank Industries PVT Ltd. by placing an order on the site.
“Product/s” connotes the goods, services promoted / displayed on the site and offered for any use / sale. Himajal.com reserves the right to accept or reject your offer. Products/services and information displayed on Himajal.com site constitute an “Invitation to Offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below.
The agreement between you and the Divyank Industries PVT Ltd. shall be subject to the following terms and conditions:
The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
These terms and conditions supersede all previous representations, understandings or agreements and shall prevail not with standing any variance with any other terms of any order submitted. By using the services of Himajal website you agree to be bound by the Terms and Conditions All prices, unless indicated otherwise are in Indian Rupees (INR) All prices and availability of products are subject to change without prior notice at the sole discretion of Divyank Industries PVT Ltd.
Divyank Industries PVT Ltd. reserves the right to refuse or cancel any order placed for a product without assigning any reason. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed by the Payment gateway the same shall be credited to your account and duly notified to you by email.
In a credit card transaction, you must use your own credit card. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user
Divyank Industries PVT Ltd shall not be held liable in any manner for any kind of fraud
On receipt of your request for the product, Himajal shall arrange to dispatch the product within the stipulated period. The stipulated period of delivery would be 15 days. Any request for cancellations of orders once duly placed on the site, shall not be entertained
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Himajal for redelivery shall be claimed from the User placing the order.
Himajal shall not be held liable for any delayed delivery of purchased goods due to, flood, fire, wars, acts of God or any cause that is beyond the control of Himajal.
The User expressly agrees that the use of services Himajal.com site is at the User’s sole risk. The Services of Himajal.com is provided on an “as is” basis without warranties of any kind, whether express or implied. Himajal its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the Service or as to the accuracy, reliability or content of any information, service or merchandise provided through this Service. Himajaldoes not represent or warrant to maintain the confidentiality of information; although Himajalcurrent practice is to utilise reasonable efforts to maintain such confidentiality
In no event shall Himajal, its directors, officials, representatives and employees be liable for any damages relating to products sold through its various platforms Presently, for the time being the services of Himajal website are being offered free. However, Himajal reserves the right to charge a fee to be decided by Himajal for any or such facilities
The User agrees to use the services provided by Himajal, its affiliates, consultants and contracted companies, for lawful purposes only The User agrees to provide authentic and true information. Himajal reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Himajal has the right in its sole discretion to reject the registration and debar the User from using the Services of Himajal website and / or other affiliated websites without prior intimation whatsoever
Himajal will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries or service interruptions as may occur. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortuous behaviour, negligence or under any other cause of action
Users who choose to access and/or use the site from other geographies and locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
This site is designed and created exclusively by Himajal Unauthorized use is strictly prohibited. All titles, trademarks, trade names, brands, logos, ownership rights and intellectual property rights, including copyright, rest with Himajal
The User shall not at any time and/or by any means copy, reproduce, distribute, sell, transfer, republish, store, archive or use other than as intended at this site with or without alteration or modification, any of the works, designs, contents, trademarks, trade names, brands and logos without the prior written permission of Himajal
This agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any disputes arising out or pertaining hereto
The decision of Himajal in respect of any other terms and conditions outside the purview of the above shall be final and binding
Any dispute to this Agreement including Privacy Policy, Disclaimer, Returns and Refunds Policy and any other terms and conditions imposed by Himajal is subject to Arbitration under the Arbitration and Conciliation Act, 1996. The place of Arbitration shall be Delhi. The language of Arbitration shall be English Service within 24 hours available only in New Delhi