In the Site, SM Heena Industries provides users with access to sales of 100% chemical free natural herbal items online (the “Service”).
1. Description of Services
www.theherbalhenna.com website (“Website”) is an Internet based content and e-commerce portal operated by SM Heena Industries, a proprietorship firm under the laws of India.
Theherbalhenna.com is India^s leading private shopping club. We bring an array of 100% chemical free herbal henna, natural hair color, natural herbs, ayurvedic lep(For hair removal), mehandi cone natural face packs and other natural items for hair and skin.
License and Site Access
Theherbalhenna.com grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in SM Heena Industries�s sole discretion) an unreasonable or disproportionately large load on SM Heena Industries�s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by SM Heena Industries to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by SM Heena Industries.
2. Membership Eligibility
The Theherbalhenna.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by SM Heena Industries for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Theherbalhenna.com account to another party. If you do not qualify, you may not use the theherbalhenna.com Service or the Site.
3. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site^s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SM Heena Industries has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SM Heena Industries has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify SM Heena Industries immediately of any unauthorized use of your account or any other breach of security. SM Heena Industries reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. Pricing Information
We strive to provide you with the best prices possible on products you buy from SM Heena Industries; however, SM Heena Industries does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
While SM Heena Industries strives to provide accurate product and pricing information, pricing or typographical errors may occur. 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, SM Heena Industries may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. SM Heena Industries 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. In the event that SM Heena Industries accepts your order the same shall be debited to your credit card account. The payment may be processed prior to SM Heena Industries 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 your credit card account.
5. Cancellation by SM Heena Industries
Please note that there may be certain orders that we are unable to accept and must cancel. 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 canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, 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 canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Order cancelled due to product Out of stock /Change in price/ Shipment Delayed:
We make every attempt to deliver exactly what is featured on the site, however on certain occasions, the product tends to get out of stock or there is a change in price. In such cases the order may be cancelled.
Please note that orders which are not delivered within the estimated time period may be cancelled as per SM Heena Industries policy. In such cases SM Heena Industries shall process complete refund of prepaid orders as store credits in customer account.
6. Cancellations by the Customer
In case of requests for order cancellations, SM Heena Industries reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. SM Heena Industries has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by SM Heena Industries and accept SM Heena Industries�s decision regarding the cancellation.
7. Fraudulent /Declined Transactions
SM Heena Industries reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. SM Heena Industries reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
8. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on SM Heena Industries will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to SM Heena Industries. Further the said information will not be utilized and shared by SM Heena Industries with any of the third parties unless required for fraud verifications or by law, regulation or court order. SM Heena Industries will not be liable for any credit 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.
9. Submitted Content
SM Heena Industries does not claim ownership of any materials you make available through the Site. At SM Heena Industries�s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant SM Heena Industries a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
10. Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
SM HEENA INDUSTRIES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN SM HEENA INDUSTRIES , (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SM HEENA INDUSTRIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER^S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER^S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
11. Limitation of Liability
SM Heena Industries will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 14 days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. SM Heena Industries will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of SM Heena Industries, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You expressly understand and agree that SM Heena Industries and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SM Heena Industries has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify and hold SM Heena Industries (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
13. Electronic Communication
When you use the Site or send emails to SM Heena Industries, you are communicating with SM Heena Industries electronically. You consent to receive communications from SM Heena Industries electronically. SM Heena Industries will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. SM Heena Industries is under no obligation to review any messages; information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, SM Heena Industries may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of SM Heena Industries purporting to speak on behalf of SM Heena Industries or containing confidential information or expressing opinions concerning SM Heena Industries. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Theherbalhenna.com invitations to send messages to people who don�t know you or who are unlikely to recognize you as a known contact; b) Using Theherbalhenna.com to connect to people who don�t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because SM Heena Industries has no control over such sites and resources, you acknowledge and agree that SM Heena Industries is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SM Heena Industries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
17. Modifications and Notification of Changes
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of SM Heena Industries and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of SM Heena Industries or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. SM Heena Industries reserves the right to collect taxes for shipping charges wherever applicable.
20. Redemption of Credit and Vouchers
Invite a Friend Promotion:
SM Heena Industries invite a friend program is designed to reward existing members (“Customer”) for referring new members to SM Heena Industries by awarding the Member Rs. 100 or 20% of order value (whichever is lower) of friend�s first purchase as a voucher. Maximum of Rs. 100 will be given as a store credits.
On every Friend first purchase the customer gets store credit as “Referral Purchase Voucher” with no redemption limit. The Customer will receive their Referral Purchase Voucher only on delivery of their friends order. There is no limit to the number of friends a customer can invite. The vouchers cannot be used for the payment of delivery charges. The vouchers will expire 30 days from the date of issue. We reserve the right not to issue vouchers or remove them where we have grounds to suspect there has been an abuse of the referral scheme. Theherbalhenna.com reserves the right to amend/ modify/ withdraw this promotion at any time without any prior notice.
We Are Sorry Voucher:
�We Are Sorry Voucher� for store credits of 250 will be automatically credited into your account. It will not have any redeemable amount on it. This voucher will be valid for 7 days from the date of issue. Vouchers cannot be used in conjunction with any other promotions or offer. Theherbalhenna.com reserves the right to amend/ modify/ withdraw this voucher at any time without any prior notice.
21. Offer and Schemes/Voucher Redemption
SM Heena Industries reserves the right to change/modify/add/delete to the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of vouchers) it brings to market from time to time. SM Heena Industries at its discretion can withdraw a particular scheme from the website/market. The Terms and Conditions Governing Each Contest and Promotion Differ from one another. In case of any question please contact us on firstname.lastname@example.org. We will happy to assist you.
SM Heena Industries endeavours but does not guarantee to deliver the products to customers within 7-10 business days from the day of close of sale depending upon the shipping location. SM Heena Industries works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to SM Heena Industries. Other factors include delay in delivery through the courier partner, transporters strike etc. SM Heena Industries will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused.
SM Heena Industries reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if SM Heena Industries fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments.
If you fail to take delivery of the goods, SM Heena Industries may at its discretion charge you for the additional shipping cost.
23. Survival of Terms after Agreement Ends
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time SM Heena Industries may offer special promotional offers which may or may not apply to your SM Heena Industries account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by SM Heena Industries. This T&C and the relationship between you and SM Heena Industries will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of SM Heena Industries to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. SM Heena Industries does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and SM Heena Industries and governs your use of the Site, superseding any prior agreements between you and SM Heena Industries with respect to the Site.