Website And Online Services Terms Of Use
Welcome to Shoemonkies.com. The domain name www.shoemonkies.com (hereinafter referred to as the “Website”) is registered in the name of
NVR Manufacturers.
(hereinafter referred to as “Shoemonkies“).
NVR Manufacturers holds a valid license for using the Website. The Website is an e-commerce portal operated by NVR Manufacturers, which runs an online retail store on the Website. The terms “we”, “us” or “our” refer to NVR Manufacturers.
By using the Website and its services, you agree to the following terms and conditions (“Terms of Use”). Please read them carefully.
If you use any of the services of the Website, its features and tools, you will be subject to the guidelines, terms and agreements applicable to the Website. By the mere use of the Website, you shall be contracting with NVR Manufacturers. These terms and conditions constitute binding obligations between you and NVR Manufacturers.
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 as listed below. NVR Manufacturers reserves the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of NVR Manufacturers prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Membership And Eligibility
Use of the Website is available only to persons who are ‘competent to contract’ under the Indian Contract Act, 1872. Accordingly, 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. However, minors (persons who are under the age of 18 but are at least 13) may use this Website but only under the supervision of parents or a legal guardian who agree(s) to be bound by these Terms of Use. In such cases, the parents or legal guardians will transact on behalf of the minor as registered users of the Website and will be bound by the Terms of Use of the Website. Minors are prohibited from purchasing any material, which is for adult consumption or the sale or purchase of which, to/ by minors is strictly prohibited.
NVR Manufacturers reserves the right to terminate your membership and refuse to provide you with access to the Website if NVR Manufacturers discovers that you are under the age of 18 years and have not adhered to the membership and eligibility criteria set out above. The Website is not available to persons whose membership has been suspended or terminated by NVR Manufacturers for any reason whatsoever. Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from India. NVR Manufacturers makes 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.
NVR Manufacturers 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 in additional terms and conditions are provided which are product specific or order specific, these terms and conditions supersede all previous representations, understandings, or agreements, if any, and shall prevail notwithstanding any variance with any other terms of any order submitted.
Account And Registration
We will protect Your Information in accordance with our Privacy Policy. If you use the Website, (i) you are responsible for maintaining the confidentiality of your account and password, (ii) for restricting access to your computer, and (iii) you agree to accept responsibility for all activities that occur under your account or password.
NVR Manufacturers shall not be liable to any person for any loss or damage which may arise because of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately on sales.shoemonkies@gmail.com.
If NVR Manufacturers has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to NVR Manufacturers.
“Your Information” means as any information you provide to us in the registration, buying or listing process, in the feedback area or through any other means, including the e-mail feature.
You also agree to:
1. Provide true, accurate, current and complete information about yourself that may be required during the registration process, on the Website (such information being the “Joining Data”).
2. Ensure that the Joining Data is maintained and promptly updated to keep it true, accurate, current and complete. In case any information provided is untrue, inaccurate, incomplete, or not current or if there are reasonable grounds for NVR Manufacturers to suspect that the information provided is untrue, inaccurate, incomplete or not current or is not in accordance with the Terms of Use, NVR Manufacturers shall have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
Pricing Information
While NVR Manufacturers strives to provide accurate product and pricing information, pricing errors or typographical errors may occur. Prices and availability are subject to change without notice. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information,
NVR Manufacturers shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has been dispatched. In the event that an item is mispriced, NVR Manufacturers may, at its 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 NVR Manufacturers will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation.
Please note that the payment may be processed prior to the 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 the account from which you had made payments in respect of the order.
Cancellation By NVR Manufacturers
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, region related to logistically supplying of goods in your region or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have made payment for the same, the said amount will be reversed back to the account from which payment was made.
Cancellations By The Customer/USER
In case we receive a cancellation notice within 24 hours duration from you and creation of ordered product has not started by us, we shall cancel the order and refund the entire amount, in case payment has already been made. The orders that have already been in creation process by us will not be cancelled and you will have to check our return policy for those orders.
Final And Binding Decision
Any decision taken by NVR Manufacturers in respect of cancellation of an order shall be final and binding on you. You hereby agree raise no conflict to the decision made by NVR Manufacturers and accept the decision
Credit/ Debit Card Details
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use a credit/debit card, which is not lawfully owned by you, i.e. in a credit/debit card transaction, you must use your own credit/debit card. You further agree and undertake to provide the correct and valid credit/debit card details on the Website. Further, the said information will not be utilized and shared by the Website with any of the third parties unless required for fraud verifications or by law, regulation or court order. NVR Manufacturers 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, as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
Fraudulent /Declined Transactions
NVR Manufacturers reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently.
NVR Manufacturers reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful act or acts or omissions in breach of these terms and conditions.
Electronic Communications
When you visit the Website, talk to our customer care or send e-mail(s) to us, you are communicating with us electronically or telephonically. You consent to receive communications from us electronically or telephonically. We can communicate with you by e-mail or telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by
NVR Manufacturers for redelivery shall be claimed from you. - That you may make a complaint for non-receipt of a product ordered, within 45 days from the date of placing the order, failing which, it shall be assumed that you have received that product. Please note that we shall not be responsible or liable for delivering any product if the complaint for non-receipt, is made after the said period of 45 days.
- That you will use the services provided by NVR Manufacturers, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and/ or transacting on the Website.
- You will provide authentic and true information in all instances where such information is requested of you. NVR Manufacturers reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found untrue (wholly or partly), NVR Manufacturers shall have the right in its sole discretion to reject the registration and debar you from using the services of the Website and / or other affiliated Websites without any prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects, with appropriate landmarks being identified. In case, any information provided in the mailing address is incorrect, we request you to contact us and get the details updated. If due to any incorrect information provided by you the product is delivered to a wrong address/ person, we shall not be responsible for any losses that may be caused to you.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
Prohibited Use
You shall not use the Website for any of the following purposes:
1. Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Website.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or websites connected to the Website.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Colors
We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Designs
We have made every effort to develop/create/reproduce as per the designs of the products that appear on the Website, as accurately as possible. However, the actual product design may differ from what is shown on the Website. We cannot guarantee that your order will have the exact same designs.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to, on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be the property of NVR Manufacturers Such disclosure, submission or offer of any Comments shall constitute an assignment to NVR Manufacturers of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, d in any way in its use, commercial or otherwise, of any Comments. NVR Manufacturers 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.
NVR Manufacturers is 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 submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
NVR Manufacturers does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant NVR Manufacturers the right to use the name or image that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify NVR Manufacturers and its affiliates for all claims resulting from any Comments you submit. NVR Manufacturers and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
NVR Manufacturers and its 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 the Website or any third party’s intellectual property rights. All rights, including copyright, in this Website are licensed to NVR Manufacturers 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, non-commercial use is prohibited without the permission of NVR Manufacturers You may not modify, distribute or re-post anything on this Website for any purpose.
The Website names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of NVR Manufacturers All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply endorsement of such websites, sponsorship or recommendation of the third party, information, product or service.
We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of any material on such websites. If you decide to link the Website to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of NVR Manufacturers, and is protected by Indian and international copyright laws. The Contents 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 Contents on this Website is strictly prohibited.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by NVR Manufacturers, one of its affiliates or by third parties who have licensed their materials to the Website and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of NVR Manufacturers and is also protected by Indian and international copyright laws.
Objectionable Material
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to permit under applicable law,
NVR Manufacturers and its affiliates shall have no liability to you for Content that may be considered offensive, indecent, or objectionable to you.
Indemnity
This Terms of Use shall be effective unless and until terminated by either you or the Website. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Website. NVR Manufacturers may terminate the Terms of Use 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 NVR Manufacturers Upon any termination of the Terms of Use by either you or the Website, 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 Terms of Use or otherwise.
NVR Manufacturers right to any Comments shall survive any termination of the Terms of Use. Any such termination of the Terms of Use 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 Terms of Use.
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 NVR Manufacturers tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. NVR Manufacturers 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 the Terms of Use.
Fully permitted under applicable law, NVR Manufacturers or its suppliers shall not be liable for any indirect, incidental, special, incidental, 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 the Terms of Use.
Without prejudice to the generality of the section above, the total liability of NVR Manufacturers to you for all liabilities arising out of the Terms of Use in tort or contract is limited to the value of the product actually paid by you.
NVR Manufacturers, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness 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. Consequently, NVR Manufacturers assumes no liability whatsoever for any monetary or other damage suffered by you because 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.
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the system or network security may result in civil or criminal liability. NVR Manufacturers will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Google Chrome, Mozilla Firefox, Netscape Navigator, Microsoft Explorer).
Severability
If any part of this 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 agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and NVR Manufacturers with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Website with respect to the Website/services.
Waiver
NVR Manufacturers’s failure to act with respect to a breach by you or others does not waive its right to act with respect to such breach, or subsequent or similar breaches.
Modification Of Terms & Conditions Of Service
NVR Manufacturers may at any time, modify the Terms of Use without any prior notification being provided to you. You can access the latest version of the Terms of Use at any given time on the Website. You should regularly review the Terms of Use on the Website. In the event the modified Terms of Use are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this Website.
Governing Law And Jurisdiction
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the provisions contained in this paragraph, the courts in Delhi, shall have exclusive jurisdiction in respect of any disputes that may arise between the parties hereto. Any dispute or difference either in interpretation or otherwise, of any terms of the Terms of Use between the parties hereto, shall be referred to an independent arbitrator who will be appointed by NVR Manufacturers and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
