Terms and Conditions for use of www.primariocosmetics.com
This document is an electronic record of the terms and conditions for use of www.primariocosmetics.com (Website) which is binding and enforceable against all Users of the Website. The document has been prepared in terms of Information Technology Act, 2000 read with Rules framed there under. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules 2011, thereby making this document a deemed agreement between the Users and the owner of the Website.
The Website is owned and operated by Primario cosmetics having its registered office situated at Pune. The Website has been created and established to enable all Users to procure products marketed by the Primario cosmetics having cosmetic applications.
The Primario cosmetics reserves the right to modify, amend, and revise the terms and conditions as incorporated in this document from time to time and all such modifications will be binding on the Users.
I. Purpose of the Website:
The Website enables all Users to purchase the products online by placing an order for the same. The Primario cosmetics subject to availability and compliance by the Users regarding payment and other terms will ship the products to the Users as required.
II. Products:
The products made available by the Primario cosmetics through its Website are the result of extensive research and development undertaken by Primario cosmetics using the best methods from ayurveda, allopathy, sidha and other medical fields. The products have cosmetic value and application. The products are dermatological approved and formulated with active ingredients.
The Users shall purchase the products at their sole discretion and own risk as no consultation has been offered regarding the products and its use through the Website.
III. General Conditions:
By using the Website and purchasing the Products thereon the User agrees, undertakes and confirms that his/her/its use shall be strictly governed by the following binding principles:
Use of the Website and purchase of Products shall be solely for lawful purposes and the User will be solely responsible for the activities undertaken under his/her/its User Account if any.
The User will not post, submit, upload or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with other users’ use of the Website.
The User shall not attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, “password mining” etc.
IV. Intellectual Property:
The entire contents of the Website including design, contents, information relating to the products, trademarks, logos and such like (Contents) displayed on the Website are the Intellectual Proprietary Rights(IPR) of the Primario cosmetics and the primario cosmetics owns absolutely all intellectual and other proprietary rights over all the Contents of the Website.
No User shall in any manner reproduce, replicate, copy or otherwise use all or any portion of the Contents of the Website for any purpose whatsoever whether with intent to commercially exploit the same or not.
Any misuse of the Website and the Contents of the Website including infringement of the Intellectual Proprietary Rights of the Primario cosmetics is actionable and the Primario cosmetics will exercise its rights for such misuse in the manner available to it both under law and in equity.
V. Disclaimer:
The use of the Website and the products that are purchased online through the Website is at the sole risk of the Users. The Primario cosmetics offers all products on an as is where is basis and for purposes for which it has been displayed on the Website.
Any allergic and other reactions to the products specific to any of the Users will not be addressed by the Primario cosmetics in any manner and the Users cannot have any recourse to the Primario cosmetics in any manner for such reactions to the products.
While the Primario cosmetics warrants that the products are manufactured in the most hygienic manner and with the best of ingredients after extensive research, it does not in any manner guarantee any result from the use of the products. The Primario cosmetics will not in any manner be held responsible or liable for use of the products purchased through the Website or otherwise.
The Primario cosmetics will also not replace any of the products for any reason whatsoever.
The Primario cosmetics undertakes no liability, legal remedy, equitable remedy or otherwise with respect to the Website, Contents of the Website and all or any of its products.
The Primario cosmetics will not be held directly or indirectly responsible or liable for any loss, damage or other consequences that may arise from the use of the Website and the products in any manner.
VI. Data Privacy:
While placing an order for the products, the User will be required to disclose their First Name, Last Name, email Id, Billing Address, Shipping Address and other details for shipping of the products as required (User Data). The Primario cosmetics will protect all User Data provided by the Users with the best industrial standard and will not disclose or share the User Data with any third party except for the limited purpose of servicing the orders placed by the User for products online. The Users are recommended to read the Privacy Policy of the Website as provided to understand how their data is being collected, used and stored.
VII. Limitation of Liability:
Under no circumstances, whether in tort, contract, strict liability or otherwise, shall the Primario cosmetics or any of its affiliates, employees, partners, designated partners, officers, agents, vendors or suppliers be liable to the User or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, arising out of or in connection with (i) the use of or inability to use the Website; (ii) use of or reliance on the Website, for information relating to the products made available through this Website; (iii) providing User Data; (iv) use of Products of the Primario cosmetics (vi) non-availability of the products or (vii) late delivery of the products ordered and all other connected issues arising out of the use of the Website and/or the products. In no event will the Primario cosmetics be liable for any losses, damages or expenses in excess of the amount paid by the User towards the price of the product ordered by the User. The User hereby releases Primario cosmetics from any and all obligations, liabilities and claims in excess of this limitation.
VIII. Indemnification:
The User agree, to the fullest extent permitted by law, to indemnify and hold Primario cosmetics, its partners, designated partners, officers, employees, affiliates, group companies, agents, contractors, and licensors (Indemnified) harmless with respect to any claims arising out of, use of the Website for other than intended purpose non-compliance with applicable laws or regulations in the jurisdiction in which User is accessing the Website by the User. The User will defend, indemnify and hold harmless the Primario cosmetics and its affiliates and group companies and from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to any of the above.
IX. Suspension and Termination:
The Primario cosmetics reserves the right to suspend the User or temporarily disable access to whole or part of the Website in the event of any suspected illegal activity or requests by law enforcement or other government agencies. In addition, the Primario cosmetics reserve the right to t deny the services to any User without assigning any reason.
If any User Account has been created, the Primario cosmetics reserves the right to terminate User Account without assigning any reason therefor. Termination of User Account will include deletion of User Data in User Account.
X. Governing Law:
The terms of use of the Website is controlled by the Primario cosmetics as indicated in this document and can be accessed by most countries around the world. On access of the Website the User agrees that the laws of India are applicable without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, and only the Laws of India will apply to all matters relating to the use of the Website.
Only the Courts of Pune, Maharashtra, India will have exclusive jurisdiction over any matters relating to the use of our Website and the products.
XI. Force majure:
The Primario cosmetics shall be not held liable for any delay or access the Website by the User and also in the matter of supplying and delivery of the products orders by the User from any cause beyond the control of the Primario cosmetics such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, pandemics, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers impacting the Website and the services of the Primario cosmetics to the Users.
XII. Arbitration:
Any dispute related to interpretation and implementation of this Policy will be solved through Arbitration governed by Arbitration and Conciliation Act, 1996. Disputing Parties shall mutually appoint a sole arbitrator within thirty days from the date of notice of dispute. In the event, parties cannot agree on sole arbitrator, The Arbitrator shall be appointed by Court in terms of Part II of the Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be at Pune and the proceedings of shall be in English.
XIII. Contact Us:
The User can contact the Primario cosmetics for any questions or comments regarding this Website or Services provided thereon at
Mail id: primariocosmetics@gmail.com
Phone: +91 8485830705
XIV. Grievance Officer:
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Amogh
The Grievance Officer will of the Primario cosmetics respond to the queries within 7 business days from the date of receipt of query and endeavor to resolve such queries within a period of 7 business days or such period as stated in the response