Terms and Conditions

MANEKI NEKO SOLUTIONS S.L
AV. Baleares .4. Esc B.Pta. 1.
46023 Valencia,
Spain
CIF: B98735723

TERMS AND CONDITIONS

  1. Introduction

These terms of use (“Terms and Conditions”) and all applicable Policies (as defined below) which are herein incorporated by way of reference govern your rights and obligations as a User (defined below) of the Site (defined below) while accessing and using the Site and/or purchasing any product/products (defined below) and/or the Indirect Services (defined below), as may be rendered by himalayasaltlamps.net (“Us”). This business is a joint venture between Maneki Neko Solutions (Spain) and himalayasaltlamps.net (India). Any reference to “you” or “User” or “User’s” in these Terms and Conditions, means you the User of the Site, purchasing any of the product/products and/or the Indirect Services available on this Site. Any reference to “We” or “Us” means both the parties Maneki neko Solutions and himalayasaltlamps.net of this Joint Venture business.

As a User, your access to and use of the himalayasaltlamps.net Site are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the Site and/or buying any product and/or Indirect Services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the Site and/or Services and/or Indirect Services being provided by himalayasaltlamps.net. The site may be modified by us from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. himalayasaltlamps.net shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the provisions of Services on the Site including the Indirect Services, at any time without any prior written notice. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Site periodically and keep updated.

By using the Site or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.

The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only.

  1.   Services

The himalayasaltlamps.net website is an online platform provided by us to User’s for (i) purchasing himalayan salt lamps and other essential products. It is hereby clarified that himalayasaltlamps.net shall not be responsible for the products sold in any manner whatsoever as we do not manufacture any of the products. We are just a medium of purchasing these products (available in the market) online.

Front end services

  1. Purchasing from the site.

himalayasaltlamps.net provides the User’s with an online platform to purchase himalayan salt lamps and other essential products manufactured by other companies from different countries.  

In addition to providing a platform to the Users for purchasing such products, himalayasaltlamps.net shall from time to time provide additional administrative services such as delivery through third party,  post-sale/backend support for the smooth and proper functioning of the website, manage the comments posted by Users, manage the leads generated, data integration etc.

Payment gateway services

In the event of a purchase by a User on the Site,  We may at our discretion facilitate/arrange associated services for such User including, payment gateway services for the payment which shall be governed by these Terms and Conditions.

The aforementioned Services and the Indirect Services are governed by these Terms and Conditions and applicable Policies of the Site, as may be amended from time to time and as will be incorporated in these Terms and Conditions and the Policies by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.

All Products and Services offered in himalayasaltlamps.net are consistent with the application form.

  1.  Terms of Use

Use of the Site

It is hereby clarified that all information pertaining to the listed Users and the product/products advertised are third party user generated content. The User agrees and acknowledges that it has had the opportunity to independently investigate, analyze and construe the buying opportunity being offered under these Terms and Conditions.

The User purchasing form the Site, shall duly comply with all requirements specified in these Terms and Conditions and all other applicable Policies of the Site as may be amended from time to time by himalayasaltlamps.net.

The rates provided on the items for display on himalayasaltlamps.net Site shall at all times exclude all applicable taxes, Fees, charges due to any other parties by the User.

The User purchasing the product/products shall comply with all applicable laws and regulations applicable and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies.

The User does hereby specifically agrees that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (“IT Act”) as also rules, regulations, guidelines, by laws and notifications made thereunder, [while assessing or feeding any information/data into the computers, computer systems or computer network of himalayasaltlamps.net. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.

The Users shall keep confidential, all information it receives by transacting on the website. Breach of this Section and terms of the Privacy Policy displayed on the Site by a User will be considered a material breach and result in immediate discontinuation of the Services provided by himalayasaltlamps.net to such User. Breach of confidentiality provisions by a User shall cause immediate termination and appropriate legal action being initiated against such User by himalayasaltlamps.net.

The User acknowledges that it shall take all precautions as may be directed by himalayasaltlamps.net to ensure that there is no breach of security and integrity of the website. himalayasaltlamps.net shall not be responsible for any loss incurred by a User for a failed / incomplete Transaction on the Site.

The User acknowledges that himalayasaltlamps.net has no connection or interest whatsoever in the product/products on the Site and himalayasaltlamps.net does not in any manner take part in the business of the Manufacturers, directly or indirectly and is not responsible for the product/products manufacturing. [A User purchasing a product/products hereby acknowledges that he/she is entering into the transaction being aware of the Terms and Conditions]. The User further acknowledges that Services and Indirect Services being provided by himalayasaltlamps.net are being provided by it as an independent contractor and is in no manner acting as an agent of either the User or of the third party service/product provider.

The User hereby agrees that it shall not copy, modify or distribute or misuse any information provided on the Site for its personal use or gain.

The User further acknowledges that himalayasaltlamps.net may collect, transfer, store and use the information provided by such User on the Site for the purpose of providing the Services and the Indirect Services.

The User acknowledges that himalayasaltlamps.net liability with respect to the Services and Indirect Services shall be limited and shall be as per these Terms and Conditions.

The User agrees and confirms that the sole and exclusive responsibility and obligation of himalayasaltlamps.net is to ensure that the Products/products, Services and Indirect Services are being provided in compliance of all applicable laws, rules and regulations.

The User acknowledges that the services to the Site may be interrupted while browsing, transacting, using information on the Site. The User’s further agree that himalayasaltlamps.net reserves the right to edit the content, product/products and/or Indirect Services, forthwith without assigning any reason whatsoever, at the sole discretion of himalayasaltlamps.net

The User agrees that, if it does not agree to the applicability of any of the Terms and Conditions and the Policies contained herein or other Policies on the Site, then the only remedy a User shall have will be to not use the Services and discontinue using its account on the Site. However till such time that the User uses the Site and avails the Services and/or the Indirect Services it shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and Conditions and the Policies.

A User will be required to provide a valid phone number and email address in order to avail the product/products/Services provided by himalayasaltlamps.net. By doing so, the User consents to be contacted by himalayasaltlamps.net  via phone calls, emails and/or SMS notifications.

The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:

  1.  belongs to another person and to which a User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harm minors in any way;

  1. infringes any patent, trademark, copyright or other proprietary rights;
  2. violates any law for the time being in force;
  3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonate another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  1. threatens the unity, integrity, defense, security or sovereignty of India and Spain, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Authority

By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Site. The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.

  1.    User Eligibility

The Product/Services on the Site and the Indirect Services are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the  himalayasaltlamps.net Site.

  1.     Indemnity

The User purchasing product/products/services on the Site, shall keep  himalayasaltlamps.net, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly.

The User purchasing the product/products and/or indirect services will defend, indemnify and hold harmless  himalayasaltlamps.net, its directors, officers, employees, representatives and agents against all any liability, damage, loss and expense relating to any claim for infringements of trademark, trade names, other intellectual/industrial property rights or copyrights filed against  himalayasaltlamps.net or its affiliates resulting from the displaying the product/products on the Site.

The indemnities provided herein and provisions making reference to the indemnities shall survive the termination of these Terms and Conditions and the Policies.

  1.   Limitation of Liability

Under no circumstances will the  himalayasaltlamps.net, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives involved in creating, producing, maintaining or distributing the Site be liable for any loss of:

(i) goodwill;

(ii) information.

In the event  himalayasaltlamps.net is in breach of any of the Terms and Conditions, We will only be liable for losses you have suffered as a direct result.  himalayasaltlamps.net shall not liable for any other loss due to third party actions, due to defamatory statements or liability for a Product/products / services or otherwise as a result of:

(i) using or relying on the Site;

(ii) not being able to use the Site;

(iii) any mistake, fault, failure to do something, missing information, or virus on the Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;

(iv) theft, destruction of information or someone getting access to our records, programs or services without our permission;

(v) goods, products, services or information received through or advertised on the Site or any links provided by the Site.

  1.    Disclaimer of Warranties and Liabilities

It is hereby clarified that the Product/products/Services and the Indirect Services made available to a User through the Site are provided on an ‘as is’ and ‘as available’ basis, and  himalayasaltlamps.net expressly disclaims any and all warranty except warranty expressly stated herein, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

The Site may provide links to other Sites and  himalayasaltlamps.net has no control over, and accepts no liability, obligation, or responsibility for, the content or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its performance, or its manufacturer’s products or services.

   Confidentiality
The User, where applicable, shall keep all the information pertaining to the Services including but not limited to the customer data and the transactions on the Site (“Confidential Information”), confidential and shall not be disclosed to any person other than its officers (to the extent necessary to consummate the transaction contemplated hereby) without the prior written consent of himalayasaltlamps.net.

Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by himalayasaltlamps.net to a User whether before or after the date of these Terms and Conditions. The User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any time after these Terms and Conditions and the Policies expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.

9.    Termination
himalayasaltlamps.net may terminate these Terms and Conditions and the Policies and/or the product/products/Services and/or Indirect Services hereunder for any reason including for reasons of breach of these Terms and Conditions, the Terms of Use or any of the Policies on the Site. himalayasaltlamps.net’s sole right to terminate these Terms and Conditions and the Policies is by not using the Site and deleting its account with himalayasaltlamps.net

10.       Jurisdiction
The site is controlled by Maneki Neko Solutions, Valencia. Any legal action, proceeding or other matters relating to your access to or use of The Site shall be governed by Spanish law or the laws of the Valencia Province. In the event of any legal action arising hereunder, you also agree to submit the jurisdiction and venue of any courts in Spain or in the Valencia province.

You may not access, download, use or export The Materials in violation of Spanish export laws or regulations or in violation of any applicable local laws or regulations.

11.     Consequences of Termination
Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. himalayasaltlamps.net and the User (where applicable) availing the Product/Products/Services provided by us, shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 (Thirty) days of the termination taking effect.

All materials, issued by himalayasaltlamps.net from time to time in respect of these Terms and Conditions, whether in respect of the Services and/or Indirect Services provided by himalayasaltlamps.net or otherwise shall be returned immediately to us.

12.        Refund Policy
Generally, no refunds are available unless a member qualifies for a refund under any money back guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to the address listed under “Contact Us” above and include your Order Id, and your reason for the refund request. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
himalayasaltlamps.net refunds the amount paid if in case there has been any fraud or deceit leading to the Transaction. The money will only be refunded if the communication is in writing within 15 days after you have made the payment.   

13.  General Provisions

No agency: These Terms and Conditions and Policies constitute a principal-to-principal relationship between himalayasaltlamps.net and the User’s purchasing any product/ products/services and do not attempt to create any employee-employer or agency relationship. The Product/products/Services and/or Indirect Services are being rendered by himalayasaltlamps.net as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between himalayasaltlamps.net and the User hereto or any affiliates or subsidiaries thereof or to provide either himalayasaltlamps.net or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either himalayasaltlamps.net or the User.

Age: The minimum age for using the website  is 18+

Assignments: himalayasaltlamps.net may assign, in whole or in part, the benefits or obligations of these Terms and Conditions and the Policies to its associate’s of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. himalayasaltlamps.net shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User. However, the User shall not assign, in whole or in part, the benefits or obligations of these Terms and Conditions, without the prior written permission of himalayasaltlamps.net.

Force Majeure: himalayasaltlamps.net shall not be liable for its failure to perform under these Terms and Conditions and the Policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of himalayasaltlamps.net, payment gateways or the logistic support partner.

Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

Survival of Provisions: The terms and provisions of these Terms and Conditions, by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive termination

 

 

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