Terms of service

INTRODUCTION

Welcome to ergonstyle.com. By using the ergonstyle.com website, you, the User, signify your agreement to be bound by these conditions. All products/services and information displayed on this website is an "invitation to offer". Your order purchasing goods displayed on the site constitutes your "offer to purchase", which shall be subject to the terms and conditions listed below. We reserve the right to accept or reject your offer to purchase. Subject to your providing us with a valid email address, we shall promptly notify you by email confirming receipt of your order, and while processing your order shall email you again to confirm the order's details. Our acceptance of your order takes place only when dispatch of the product(s) ordered. No act or omission of ergonstyle.com before the actual dispatch of the product(s) ordered constitutes acceptance of your offer.

 

WHO CAN USE/ACCESS THE WEBSITE?

The website is available for use only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents and the like, are not eligible to use the Site. If you are a minor, i.e. under the age of 18 years, you may use this Site or access content on the site only under the supervision and prior consent/permission of a parent or legal guardian. As a minor, if you wish to transact on the website, your legal guardian or parents may make such transactions on the website.  

However, ergonstyle.com reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to ergonstyle.com’s notice or discovered that You are under the age of 18 years transacting on the website.

The Site is not available to persons whose membership has been suspended or terminated by ergonstyle.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. ergonstyle.com makes no representation that any products or services referred to in the materials on this website are appropriate for use or available outside India.

 

USER ACCOUNT OBLIGATIONS

Ergonstyle.com’s Privacy Policy shall protect any information you provide during the registration, buying or listing process, in the feedback area, or through any email feature.

If you use the Site, you agree to keep your password confidential and be responsible for all your account and password use and restrict your computer access. In addition, you agree to accept responsibility for all activities that occur under Your Account or Password. Ergonstyle.com shall not be liable to any person for any loss or damage that may arise from 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 immediately through the address provided below. If Ergonstyle.com has reason to believe that there is likely to be a breach of security or misuse of the Ergonstyle.com Site, we may require you to change your password or suspend your account temporarily, without any liability to Ergonstyle.com.

 

THE USER ALSO AGREES TO:

Provide true, accurate, current and complete information about yourself as prompted by registration form (such information being the "Registration Data"). The furnishing of all information marked by an asterisk (*) sign is compulsory.  

Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not up-to-date or if Ergonstyle.com has reasonable grounds to suspect that such information is incorrect, inaccurate, not current or not per the User Agreement, Ergonstyle.com  has the right to suspend or terminate your membership indefinitely and refuse to provide you with access to the Site.

 

GENERAL TERMS AND CONDITIONS:

While Ergonstyle.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Therefore, Ergonstyle.com cannot confirm the price of a product until after you order. Further, before dispatch of a product, Ergonstyle.com  shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product,  provided the product is listed at an incorrect price or with incorrect information, because of any reason whatsoever such as an error in pricing or product information.

If there is mispricing or price distortion in any item, Ergonstyle.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. There will not be any deemed acceptance of your offer before dispatch of the product ordered by you, and Ergonstyle.com will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. If Ergonstyle.com accepts your order, the same shall be debited to your credit card/debit card or Net Banking account and duly notify you by email that the payment is processed. 

That processing of payment will take place before Ergonstyle.com dispatches the product ordered by you. After processing your payment, revocation of your order would entail crediting the said amount to your respective credit card/debit card or Net Banking account. We strive to provide you with the best prices possible on Ergonstyle.com. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.

 

WHEN ORDERS CANNOT BE ACCEPTED OR CONCLUDED

Please note that there may be specific orders that we are unable to accept and must cancel. At our sole discretion, we reserve the right to refuse or cancel any order for any reason. Some situations that may result in revoking your order 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 cancelled or if additional information is necessary for carrying your order. After charging your credit card/debit card or Net Banking for any order, if we revoke that order, it would necessarily entail crediting the said amount to your respective Credit card/Debit card or Net Banking Account.

CANCELLATION BY Ergonstyle.com

If we received a cancellation notice and provided that the order is not processed/approved, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. Ergonstyle.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Ergonstyle.com and accept Ergonstyle.com decision regarding the cancellation.

CANCELLATIONS BY THE CUSTOMER

You agree, understand and confirm that the credit card, debit card, Net Banking details provided by you for availing of services on Ergonstyle.com will be correct and accurate, and you shall not use the credit card, debit card, Net Banking which you do not lawfully own, i.e., in a credit card, debit card, Net Banking transaction, you must use your credit card, debit card, Net Banking account.

You further agree and undertake to provide the correct and valid credit card, debit card, Net Banking details to Ergonstyle.com Further the said information will not be utilised and shared by Ergonstyle.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Ergonstyle.com will not be liable for any credit card, debit card or Net Banking fraud. The liability for fraudulently using a card, debit card or Net Banking account will be on you, and the onus to 'prove otherwise' shall be exclusively on you.

 

RIGHTS OF Ergonstyle.com IN CERTAIN CASES

Ergonstyle.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Ergonstyle.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Ergonstyle.com shall not absorb any liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our payment service providers/ acquiring bank from time to time.

 

COMMUNICATION WITH THE USER

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will share with you by email 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.

 

USER AGREES AND CONFIRMS:

That if a non-delivery event occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), you shall make good any extra cost incurred by Ergonstyle.com for redelivery.

That you will use the services provided by Ergonstyle.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

You will provide authentic information in all instances where you are required to furnish such information. Ergonstyle.com reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or in part), Ergonstyle.com has the right in its sole discretion to reject the registration and debar you from using the Services of Ergonstyle.com and/or other affiliated websites without prior intimation whatsoever.

You are accessing the services available on this Site and transacting at your sole risk and using your best and prudent judgment before entering into any transaction through this Site.

The address of delivery for the product ordered by you will be correct and proper in all respects.

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.

 

USERS MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorised access to other computer systems.

Interfering with any other person's use or enjoyment of the Site.

Breaching any applicable laws;

Interfering or disrupting networks or websites connected to the Site.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Ergonstyle.com reserves full right to take appropriate action against you, for violating the above-mentioned rules and regulations.

 

ELECTRONIC PAYMENTS

Users can make payments through Credit Cards, Debit Cards or Net Banking.

Credit cards, Debit Cards, and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

 

SEPARATE SHIPPING OF ORDERS

Items for orders placed together may be shipped separately.

 

UPDATING OF TERMS AND CONDITIONS

Ergonstyle.com may at any time update the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Ergonstyle.com. You should regularly review the Terms & Conditions on Ergonstyle.com. If the modified Terms & Conditions 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 & Conditions of Use of this site.

 

GOVERNING LAW AND JURISDICTION

The interpretation and construction of the present User Agreement shall be under the applicable laws of India. Accordingly, the Courts at Kanpur shall have exclusive jurisdiction in any proceedings arising from this Agreement. However, if any dispute or difference, either in interpretation or otherwise, of any terms of this User Agreement occurs between the parties, the same shall be referred to an independent arbitrator whom Torpedo Shoes Pvt. Ltd. will appoint, and his decision shall be final and binding on the parties hereto. The above Arbitration shall be under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The place of Arbitration is Kanpur.

The language of Arbitration shall be English. The High Court of judicature at Allahabad shall have the jurisdiction, and the Laws of India shall apply.

 

USER REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Ergonstyle.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Ergonstyle.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Ergonstyle.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. You acknowledge and agree that Ergonstyle.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Ergonstyle.com 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. Ergonstyle.com 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 Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights (s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous 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". Ergonstyle.com 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 Site. You grant Ergonstyle.com the right to use the name that you submit in connection with any Comments.

You agree not to use a false email 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 Ergonstyle.com and its affiliates for all claims resulting from any Comments you submit.Ergonstyle.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

INTELLECTUAL PROPERTY RIGHTS

Ergonstyle.com 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 Site.

Access to this Site does not confer and is deemed not as conferring upon anyone any license under any of Clarks intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Ergonstyle.com. 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 Ergonstyle.com. You may not modify, distribute or re-post anything on this website for any purpose.

The Ergonstyle.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Torpedo Shoes Pvt. Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted or deemed granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. They do not in any way constitute or imply Ergonstyle.com endorsement, sponsorship or recommendation of the third party, information, product or service. Ergonstyle.com is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link 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 Site (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 Site for your personal use only. Downloading and copying any materials or software by any user will not transfer any right, title, or interest in it. You/User 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 Site or any related software. Ergonstyle.com is the proprietor or licensed/ permitted user of the software used on this site.

The Contents and software on this Site 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 Site is strictly prohibited. Unless otherwise noted, all Contents which are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ergonstyle.com, one of its affiliates or by third parties who have licensed their materials to Ergonstyle.com , are protected by Indian and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Ergonstyle.com and is accorded protection by Indian and International copyright laws.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Ergonstyle.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Ergonstyle.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

TERMINATION OF USER AGREEMENT

This User Agreement is effective unless and until terminated by either you or Ergonstyle.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Ergonstyle.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site; such termination will be without any liability to Ergonstyle.com. Immediately post-termination of the User Agreement by you or Ergonstyle.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.  Ergonstyle.com right to any Comments shall survive any termination of this User Agreement.

Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

LIMITATIONS OF LIABILITY

The Site is provided without any warranties or guarantees and in an "As Is" condition. Therefore, you must bear the risks associated with the use of the Site.

The Site provides content from other Internet sites or resources, and while Ergonstyle.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Ergonstyle.com 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 Site.

 

This disclaimer does not apply to any product warranty the product manufacturer offers as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Ergonstyle.com 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 Site, its services or this User Agreement.

Without prejudice to the generality of the foregoing, the total liability of Ergonstyle.com to you, under this User Agreement, whether in tort or contract, is limited to the product value ordered by you. You will be entitled to a standard manufacturer warranty as applicable to the product and shall not claim any damage, loss, expenses against Ergonstyle.com.

 

Ergonstyle.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. Consequently, Ergonstyle.com assumes no liability whatsoever for any monetary or other damages suffered by you on account of the delay, failure, interruption, or corruption of any data or any additional information transmitted in connection with use of the Site and/or any interruption or errors in the operation of the Site.

 

Ergonstyle.com shall not be liable for any liability arising out of any act or omission or negligence or misconduct of Payment Gateway or Bank.

 

PROHIBITIONS AND VIOLATIONS

You, the User, are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorised 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 authorisation; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, 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 email or newsgroup posting.

 

Violations of system or network security may result in civil or criminal liability. Ergonstyle.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are direct and indirect participants 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 Site for any activity conducted on this Site. 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 Site other than the search engine and search agents available from Ergonstyle.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

If any part of this Agreement is invalid or unenforceable under the 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 to be in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Ergonstyle.com with respect to the Ergonstyle.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ergonstyle.com with respect to the Ergonstyle.com sites/services. Ergonstyle.com failure to act regarding a breach by you or others does not constitute a waiver of its right to act concerning subsequent or similar breaches.

 

 

END OF SEASON SALE

Ergonstyle.com END OF SEASON SALE IS VALID AT OUR WEBSITE, SUBJECT TO SUCH TERMS AND CONDITIONS AS MENTIONED BELOW :

There can be no clubbing of offer during the End of Season Sale with any other offer on promotion conducted by Ergonstyle.com during the same time.

Merchandise purchased during End of Season Sale is not eligible for a return, exchange or refund.

Ergonstyle.com has the sole right to withdraw the Offer at any time without any prior notice and further to add, alter, modify, change or vary all or any Terms and Conditions.

Ergonstyle.com shall not be liable for non-fulfilment of any terms of offers in whole or in part due to any reason beyond the Company’s control.

The decision of the management of Ergonstyle.com shall be final and binding.

Kanpur and Allahabad Courts/Tribunals shall have sole jurisdiction to decide all disputes arising from this offer, excluding all other courts having concurrent or similar jurisdiction.

 

PROMOTIONS AND OFFERS ARE VALID AT Ergonstyle.com, SUBJECT TO SUCH TERMS AND CONDITIONS AS MENTIONED BELOW:

There shall be no clubbing of two offers.

The return of partial orders would necessarily entail recalculation of the offer/promotion.

Vouchers issued under any offer/promotion will and cannot be extended post the validity.

Users cannot use Vouchers issued at the store for making an online purchase and vice versa.

Ergonstyle.com will accept no returns for the product sold at a 50% discount or more.