This document is an electronic record in accordance with the Information Technology Act, 2000 and the rules thereunder, as applicable, along with the amended provisions pertaining to electronic records in various statutes as updated by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. It was published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require the publication of the rules and regulations, privacy policy, and Terms of Use for accessing or using the canevista.com website.
The domain name canevista.com (hereinafter referred to as the “Website”) owned by CANEVISTA ONLINE (hereinafter referred to as the “Company”), a company incorporated under Section 8 of the Companies Act, 2013, with its registered office located at Chandapura Dommasandra Road, opposite Bethany School, Harohalli, Bengaluru, Karnataka 560099.
Your use of the Website and its services and tools is governed by the following terms and conditions (Terms of Use) applicable to the website, including the relevant policies incorporated herein by reference. If you transact on the website, you shall be subject to the policies applicable to such transactions. By merely using the website, you are contracting with the company, and these terms and conditions, including the policies, constitute your binding obligations with the company.
For the purpose of these Terms of Use, “You” or “User” shall refer to any natural or legal person who has agreed to become a buyer on the website by providing registration data while registering as a registered user using the computer systems. The company allows users to browse the website or make purchases without registering. The terms “We,” “Us,” and “Our” shall refer to CANEVISTA ONLINE.
When you use any of the services provided by us through the website, including, but not limited to, product reviews and company reviews, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services. These will be deemed to be incorporated into these Terms of Use and shall be considered an integral part of them.
ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or explicitly accepting these Terms of Use, you also accept and agree to comply with Company Policies, including but not limited to the Privacy Policy available at http://canevista.com/privacy-policy, which the Company may amend from time to time.
MODIFICATION
CANEVISTA ONLINE reserves the right, at our sole discretion and at any time, to (a) discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable, or (b) change, suspend, discontinue, or restrict your access to all or part of the Services (including, without limitation, any features, databases, or content) at any time without prior written notice to you. We may, in our sole discretion, refuse to offer the services to any person and/or entity or change the eligibility criteria for the services at any time. Your continued use of the website following the posting of changes will indicate your acceptance of and agreement to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
MEMBERSHIP ELIGIBILITY
The use of the website is available only to persons who can form legally binding contracts under the Indian Contract Act of 1872. Individuals who are “incompetent to contract” as defined by the Indian Contract Act, 1872—including minors, undischarged insolvents, and others—are not eligible to use the website. If you are a minor (i.e., under the age of 18), you shall not register as a user of the company website or engage in transactions on it. If you wish to use or transact on the website as a minor, such activities must be conducted by your legal guardian or parents. The company reserves the right to terminate your membership and/or refuse you access to the website if it is brought to the company’s attention or discovered that you are under the age of 18.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
CANEVISTA ONLINE: Unless we allow “guest” purchases, you will need to establish an account with us (the “Account”) to use certain features of the Services (e.g., to order products and services from the Site). You may only create one account with us, and we reserve the right to immediately terminate any additional accounts created by you.
During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting and maintaining the security and confidentiality of your password and account, and you are fully responsible for all activities that occur under your password. You must provide accurate and complete information and keep your account information updated. By logging into the site or otherwise using the services, you represent and warrant that: (a) you are the customer who registered for the services; (b) you are using the services only for permitted purposes; and (c) you are not a competitor of canevista.com or an agent thereof. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to log out of your account at the end of each session. You may never use another person’s user account or registration information for the Services without permission. Please contact us to notify us of any change in your eligibility to use the Services, any potential unauthorized use(s) of your account, or any breach of security; however, we have no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you, whether or not such access and use of the Services is actually authorized by you, including, without limitation, all communications, transmissions, and all obligations (including, without limitation, financial obligations) incurred through such access or use.
If you create an account, you represent and warrant that: (a) you will not select or use a username of another person with the intent to impersonate that person; (b) you will not select or use a username in which another person has rights if you do not have that person’s authorization to use such a name; (c) you will not select or use a username that CANEVISTA ONLINE, in its sole discretion, deems offensive; and (d) you are not a competitor of CANEVISTA ONLINE, or an agent thereof. You should never publish, distribute, or post your login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
TERMINATION AND EFFECT OF TERMINATION
You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend, terminate, or block access to your membership on the Website and refuse to provide you with access to the Website.
Upon any termination of your account or these Terms and Conditions, you shall immediately cease all access to and use of the Site and Services. In addition to any other legal or equitable remedies, we shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Services, in whole or in part. All provisions of these Terms and Conditions that, by their nature, should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and payment obligations. Termination shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
If you wish to terminate your account, you may do so by following the instructions on the site or through the services.
COMMUNICATIONS
When you use the website or send emails or other data, information, or communications to us, you agree and understand that you are communicating with us through electronic records. You consent to receive communications via electronic records from us periodically and as required. We may communicate with you by email or by other modes of communication, whether electronic or otherwise.
CHARGES
Membership on the website is free for buyers. The company does not charge any fees for browsing and buying on the website. The company reserves the right to change its fee policy from time to time. In particular, the company may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the website. In such an event, the company reserves the right to introduce fees for the new services offered or amend or introduce fees for existing services, as applicable. Changes to the fee policy shall be posted on the website, and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian rupees. You shall be solely responsible for compliance with all applicable laws, including those in India, regarding making payments to the company.
USER CONTENT
Except as expressly provided in these Terms of Use, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without the company’s prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Except as otherwise provided elsewhere in these Terms of Use or on the Site, anything that you submit or post to the Site and/or provide us, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “User Content”), is and will be treated as non-confidential and non-proprietary. We shall have the royalty-free, fully paid, worldwide, perpetual, irrevocable, sub-licensable, and transferable right to use, edit, modify, truncate, aggregate, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such User Content in any form, by any means, through any channels (including, without limitation, third-party websites and feeds). This includes, but is not limited to, promoting and redistributing part or all of the site or the services (and derivative works thereof), even after your termination of your account or the services. You also grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content, including after your termination of your Account or the Services. Additionally, when you post comments or reviews to the site, you grant us the right to use the name you submit with any user content, if applicable.
You represent and warrant that you own or otherwise control all the rights to any User Content that you post on this Site or on the Services and that the use of your User Content by us will not infringe upon or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We may, but are not obligated to, remove or edit any user content (including comments or reviews) for any reason.
AVAILABILITY OF CONTENT
We do not guarantee that any content will be made available on the site or through the services. We reserve the right to, but do not have any obligation to: (a) remove, edit, or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content, or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all; and (b) remove or block any content from the Services.
User Content from Other Users, Links, Search Results, Advertising, and Third-Party Sellers
Our site may contain: (a) user content provided by other users; (b) links to other sites operated by third parties; (c) advertisements and/or sponsorships provided by third parties; and (d) stores, services, or product lines offered by third parties (collectively referred to as “Third-Party Materials”). We have no control over, are not responsible for, and assume no liability regarding any third-party materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties.
We do not review, approve, endorse, guarantee, warranty, or make any representations regarding third-party materials or the applicable third parties. For example, we do not guarantee, warrant, or represent that third-party materials are accurate, legal, and/or non-offensive or that these third-party sites do not contain viruses or other features that may adversely affect your computer. You use all third-party materials and interact with such third parties at your own risk. We are not obligated to become involved in any disputes between you and these third parties. When you leave our site, our Terms and Conditions (including our Privacy Policy) no longer govern your use. You should carefully review the applicable third-party privacy statements and other terms and conditions of use.
Product Description
We do not warrant that the product description or other content of this website is accurate, complete, reliable, current, or error-free, and we assume no liability in this regard. You hereby release us, along with our subsidiaries, affiliates, directors, officers, employees, contractors, agents, suppliers, content providers, partners, representatives, and successors, from any claims, demands, losses, damages, rights, and actions of any kind. This includes personal injuries, death, and property damage that are either directly or indirectly related to or arising from your use of Third-Party Materials or your interactions with, or conduct towards, the applicable third parties.
Permitted Use and Restrictions
Subject to the terms and conditions of this agreement, we hereby grant you a limited, revocable, non-sub licensable, non-transferable, and non-exclusive license to access and use the site and its content (by displaying it on your internet browser) solely for the purpose of using the services. This license does not permit any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph, without notice to you.
Henceforward:
- All commercial/contractual terms are offered by and agreed to between us and buyers alone. The commercial/contractual terms include, without limitation, price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, and warranties related to products and services.
- The products sold by us are of excellent craftsmanship and art. The products originally carrying warranty by the actual owner shall be extended by us for a period as shown in the product page on the website.
- The company holds the right, title, or interest over the products, and the company shall have obligations or liabilities in respect of such contract entered into between buyers and us. The company shall inform the buyer about the date of delivery, and any delay more than 10 days from the date of delivery shall be the company’s responsibility. However, in case of delays as a result of products that are out of stock, unavailable, or back ordered, the company shall provide the product to the buyer as soon as the same is available and shall not be in default for any such delays.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with the company(s) that you transact with.
Disclaimer: Pricing on any product(s) as is reflected on the website may be due to some technical issue, typographical error, or product information published by the company that may be incorrectly reflected, and in such an event, you OR the company may cancel such your order(s).
- You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the company cannot take responsibility for or control the information provided by other users that is made available on the website. You may find other users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the website.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
You agree, undertake, and confirm that your use of the website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update, or share any information that:
(a) belongs to another person and to which you do not have any right;
(b) 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; or unlawfully threatening or unlawfully harassing, including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation, unauthorized disclosure of a person’s name, email address, physical address, or phone number), or rights of publicity);
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, company’s prior written consent means a communication coming from company’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another user’s use and enjoyment of the website or any other individual’s use and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/users about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting any other nation.
(z) shall not be false, inaccurate, or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.
(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (ISPs) or other suppliers;
2. You shall not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or any of the services offered on or through the Website, by hacking, password, or any other illegitimate means.
4. You shall not probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, including the terms of CANEVISTA ONLINE, www.canevista.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or us on platform or otherwise tarnish or dilute any company’s trade or service marks, trade name, and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or the company’s systems or networks, or any systems or networks connected to the company.
6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
8. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of the company and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules thereunder as applicable and as amended from time to time, as well as all applicable domestic laws, rules, and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes, ordinances, and regulations (including, but not limited to, sales tax/VAT, income tax, octroi, service tax, central excise, customs duty, and local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service that is prohibited by the provisions of any applicable law, including exchange control laws or regulations for the time being in force.
10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails that a user may send to other Users in any 24-hour period that we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the website. The company shall have the right to remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect company views. In no event shall the company assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the use of and/or appearance of content on the website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains, and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
12. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
13. It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the website, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
14. The company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
Prices; colors; availability
1. All prices listed on the services are subject to change at any time without notice. We do our best to keep prices current and provide accurate information. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
2. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
3. The availability of products and other items on the services may change at any time, without notice.
ORDER EXCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
PAYMENT TERMS
For each product or service you order through the Services, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and CANEVISTA ONLINE have agreed to an alternate billing arrangement in writing signed by CANEVISTA ONLINE, CANEVISTA ONLINE will automatically bill your credit card submitted as part of the order process for such a price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past-due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.
We use a third-party payment processor to process your payments. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to this agreement. We are not responsible for errors by the payment processor.
Payment
While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction(s) or
2. Exceeding the pre-set limit mutually agreed by you and between “Bank/s” or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason(s)
All payments made against the purchases/services on the website by you shall be compulsorily in Indian rupees, acceptable in the Republic of India. The website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the website.
Before shipping or delivering your order to you, we may request you to provide supporting documents (including but not limited to government-issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Further:
1. Transactions, transaction price, and all commercial terms such as delivery and dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between the buyer and us, and the payment facility is merely used by the buyer and company to facilitate the completion of the transaction. Use of the payment facility shall not render the company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud as regards the products and/or services listed on the company’s website.
2. You have specifically authorized the company or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through Cash on Delivery to and from other users in respect of transactions through the payment facility. Your relationship with the company is on a principal-to-principal basis, and by accepting these Terms of Use, you agree.
3. You understand, accept, and agree that the payment facility provided by the company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection, and remittance facility for the transactions on the company website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, the company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with the company to purchase the products and/or services from the company using the payment facility, and you shall pay the transaction price through your issuing bank to the company using the payment facility.
You, as a buyer, may agree with the company through electronic communication and electronic records and using the automated features as may be provided by the payment facility on any extension or increase in the dispatch and/or delivery time, and the transaction shall stand amended to such extent. Any such extension/increase of dispatch/delivery time or subsequent novation/variation of the transaction should be in compliance with Payment Facility Rules and Policies.
You, as a buyer, shall electronically notify the payment facility using the appropriate company website features immediately upon delivery or non-delivery within the time period as provided in policies. Non-notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In the case of Cash on Delivery transactions, the buyer is required to confirm the receipt of products or services to mark the order as completed.
You, as a buyer, shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you receive damaged goods within 25 days. In case you do not raise a refund claim using website features within the stipulated time, this would make you ineligible for a refund.
You, as a buyer, understand that the payment facility may not be available in full or in part for certain categories of products and/or services and/or transactions as mentioned in the policies, and hence you may not be entitled to a refund in respect of the transactions for those products and/or services.
Except for Cash on Delivery transactions, refunds, if any, shall be made at the same issuing bank from where the transaction price was received.
For Cash on Delivery transactions, refunds, if any, will be made via check or a demand draft in favor of the buyer (as per registration details provided by the user).
Refund shall be made in Indian rupees only and shall be equivalent to the transaction price received in Indian rupees.
For electronics payments, refunds shall be made through payment facilities using NEFT, RTGS, or any other online banking or electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to the company in case of any misuse by the buyer. Refund shall be subject to buyer complying with policies.
4. The company reserves the right to impose limits on the number of transactions or transaction prices that the company may receive from an individual valid credit/debit card, valid bank account, and such other infrastructure or any other financial instrument directly or indirectly through a payment aggregator or through any such facility authorized by the Reserve Bank of India to provide an enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limits.
5. The company reserves the right to refuse to process transactions by buyers with a prior history of questionable charges, including, without limitation, breach of any agreements by the buyer with the company, breach or violation of any law, or any charges imposed by the issuing bank or breach of any policy.
6. The company may do such checks as it deems fit before approving the receipt of the buyer’s commitment to pay (for cash on delivery transactions) the transaction price from the buyer for security or other reasons at the discretion of the company. As a result of such a check, if the company is not satisfied with the creditability of the buyer or the genuineness of the transaction or transaction price, it will have the right to reject the receipt of the buyer’s commitment to pay the transaction price.
7. The company may delay notifying the payment confirmation, i.e., for buyers conducting high transaction volumes, to ensure safety of the transaction and transaction price. In addition, the company may hold the transaction price, and the company may not inform the company to dispatch or remit the transaction price to law enforcement officials (instead of refunding the same to the buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
Compliance with Laws:
9. The Company and the Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Company Website.
Buyer’s arrangement with Issuing Bank:
10. All valid credit, debit, cash card, and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure, and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such online bank transfers on payment facilities are also governed by the terms and conditions agreed to between the buyer and the respective issuing bank.
INTERNATIONAL ACCESS
The site may be accessed from countries other than India. The site may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside of India. If you access and use the site or services outside India, you are responsible for complying with your local laws and regulations.
JURISDICTIONAL ISSUES/IINTERNATIONAL SALE
Unless otherwise specified, the material on the website is presented solely for the purpose of sale in India and abroad. The company makes representation that materials on the website are appropriate or available for use in other locations or countries other than India. Those who choose to access this site from other locations/countries other than India do so on their own initiative, and the company is responsible for the supply of products or refunds for the products ordered from other locations/countries other than India. However, compliance with local laws, taxes for imports and exports, and charges for compliance with such exports and imports shall be borne solely by the buyer.
If you order goods from our website for delivery outside India, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
PRIVACY
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process Your Information, including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and Rules thereunder. Our current privacy policy is available at http://www.canevista.com/privacy-policy. If you object to your information being transferred or used in this way, please do not use the website.
We may share transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever to: help detect and prevent identity theft, fraud, and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third-party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting, or other content violates the rights of a third party; or protect the rights, property, or personal safety of our users or the general public.
Intellectual Property Rights
You acknowledge and agree that all copyright, designs, the “look and feel” of the site, trademarks, and all other intellectual property and material rights relating to the content and the services as herein described, including but not limited to the CANEVISTA ONLINE software and all HTML and other code contained in this site, shall remain at all times vested in CANEVISTA ONLINE and/or are the property of their respective owners. All such content, including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this site and the services, is protected by state laws, common laws and regulations, and international treaty provisions. You are permitted to use the content only as expressly authorized by CANEVISTA ONLINE and/or its third-party licensors. Any reproduction or redistribution of the above-listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above-listed materials on any other server, location, or support for publication, reproduction, or distribution is expressly prohibited.
DISCLAIMER OF WARRANTIES & LIABILITIES
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site, are provided on an as-is and as-available basis without any representation or warranty, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that:
This website will be constantly available, or available at all. Or
The information on this website is complete, true, accurate, or non-misleading.
Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. The company does not warrant that this site, information, content, materials, products (including software), or services included on or otherwise made available to you through the website, their servers, or electronic communication sent from us are free of viruses or other harmful components.
Nothing on the website constitutes, or is meant to constitute, advice of any kind. All the products sold on the website are governed by different state laws, and if Company is unable to deliver such products due to implications of different state laws, Company will return or will give credit for the amount (if any) received in advance by Company from the sale of such products that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications in case of any order, shipment, or delivery-related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL’CANEVISTA ONLINE PVT LTD’ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICES OR 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 SERVICES 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANEVISTA ONLINE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: (I) INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE, SERVICES, OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE (EVEN IF CANEVISTA ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).; OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
RETURNS
Because you are buying the Goods by internet order, you may have a right of cancellation and return. If you do (and only if you do), these are the terms that apply, but please note we cannot accept the return of goods in certain circumstances. Most of our furniture is customized as per the customer’s specifications. Custom-made orders begin being taken to production immediately upon order and cannot be cancelled, changed, returned, or refunded at any time. You can return other items within one week (07 days) of the item being delivered to you. Return requests are not accepted after one week (07 days) from the date of delivery.
We accept returns only in case of damages in transit or manufacturing defects.
The product should be in the state you received it and in the original packaging.
Products purchased under any promotional offer or discounted scheme cannot be exchanged.
All costs of return shipping need to be borne by the customer (unless the order received is damaged, defective, or incorrect). If at the time of delivery and/or within 7 days from the date of delivery of the product(s), if any defect is found, then the buyer of the product(s) can ask for replacement of the product(s) from the company, subject to the following terms and conditions:
1. Notify the company of any defects in the product(s) at the time of delivery of the product(s) and/or within 7 days from the date of delivery, and the product will be replaced in return for the defective product(s), and if a similar product is not available, then the same shall be replaced with some other product of the same value.
2. Replacement can be for the entire product(s) or part(s) of the product, subject to availability of the same with the company.
3. Please email us at sales@canevista.com with your order number and details, along with a photo of the damage if possible, within 24 hours of receiving the order.
4. In any event, you may not return orders for specially commissioned, bespoke, or personalized goods;
5. The goods must be returned to us within 20 business days after our approval or your request for returning the order and should meet return policy terms.
6. The return requests are evaluated by our technical team, and our customer support will be contacting you based on the evaluation within 24 hours.
7. Return pickup of the product will be scheduled based on your subsequent interactions with our customer support representative.
8. The product scheduled for return pickup will be picked up by our logistic partner from the original shipping address of the order within one week of the initiation of the return request.
9. Sales tax and import duties for all countries except India are not refunded.
The following products shall not be eligible for return or replacement: –
1. if the delivered product has slight variance with the product ordered or if the product is made on order and damages due to misuse of product;
2. Incidental damage due to malfunctioning of product;
3. Any consumable item that has been used or installed;
4. Products with tampered or missing serial/SKU numbers;
5. Digital products/services
6. Any damage or defect that is not covered under the manufacturer’s warranty;
7. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product(s) delivered;
The returns policy for each product is dependent on both product type and the traders own returns policy. The purchaser may be asked to pay a handling fee of 10% of an item’s purchase amount if the trader requires it.
If Company has suspicion or knowledge that any of its buyers and us are involved in any activity that is intended to provide claims or information that is false, misleading, or not genuine, then Company, while reserving its rights to initiate civil and/or criminal proceedings against members, may also, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyer and Company and/or disqualify that user and any related users from availing protection through this program.
The company reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claim(s) or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, the company may, at its sole discretion, suspend, block, restrict, or cancel the display name [and its related display names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud, or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
CLAIMS AND REMEDIES
WITH RESPECT TO ANY OF OUR PRODUCTS, SERVICES, OR SITE CONTENT, OUR SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.
THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY FOR PERISHABLE PRODUCTS AND ONE HUNDRED EIGHTY (180) DAYS AFTER DELIVERY FOR NON-PERISHABLE ITEMS, OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.
INDEMNITY
You shall defend, indemnify, and hold harmless CANEVISTA ONLINE Parties from all third party liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from or relate to (a) your use or misuse of, or access to, the Site, Services, or Content; (b) your User Content; (c) your violation of these Terms and Conditions; or (d) infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
TRADEMARK, COPYRIGHT & RESTRICTION
This site is controlled and operated by the company, and products are sold by the company itself. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. Material on the website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means, and whether directly or indirectly, and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
The Company respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to the company at sales@canevista.com .
PROFANITY POLICY
Company prohibits the use of language that is racist, hateful, sexual, or obscene in nature in a public area. This policy extends to text within listings, on company pages, and all other areas of the site that another user may view. If the profane words are part of a title for the item being sold, they will be blurred out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
– Report offensive display names.
– Report offensive language in a listing or otherwise.
If a feedback comment or any communication made between users on the website or email communication between users in relation to transactions conducted on the website contains profanity, please review our feedback removal policy and submit a request for action or removal.
Disciplinary action may result in the indefinite suspension of a user’s account, temporary suspension, or a formal warning.
The company will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3.-Account suspension.
APPLICABLE LAW
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in the courts of Bangalore, Karnataka.
DISPUTE RESOLUTION
Overview
Generally transactions are conducted smoothly on the company. However, there may be some cases where both the buyers and company may face issues. We have a dispute resolution process in order to resolve disputes between buyers and the company.
What is a dispute?
A dispute can be defined as a disagreement between a buyer and a company in connection with a transaction on the website.
How is a dispute created?
Whenever there is a disagreement, the buyer can write to sales@canevista.com in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of disputes?
Following are the indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or seal broken on product
4. Part/Accessory missing
5. Item not compatible
6. Company Description/Specification Wrong
7. Defective (functional issues)
8. Product is not working and the manufacturer claims invalid invoice.
In case the company rejects the return request of the buyer and the buyer raises a dispute, then the company will try to mediate and resolve the dispute between both parties. If the dispute is resolved in favor of the buyer, a refund is provided once the product is returned to the company. If the dispute is settled in favor of the company, the buyer is not entitled to any refund.
Buyer Protection Program
In case of a dispute where the company is unable to provide a refund or a replacement, the company will actively work towards reaching a resolution.
The buyer can write to sales@canevista.com if the issue with the company is not resolved. The company’s customer support team will look into the case to check for possible fraud. Only after verifying these facts can a dispute be registered.
In due course of resolution, the company’s customer support team will facilitate a conference call including the company and the buyer.
Buyer Eligibility and Restrictions
– Only the buyers who have purchased the product from the company are eligible for the Buyer Protection Program.
– Buyers can file a dispute within 15 days from the date of delivery of the product.
– Any damage or loss to the product after delivery will not be covered under this program and will completely be the buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
– To be able to take advantage of the Buyer Protection Program, buyers should first contact the company and attempt to resolve the issue. If the buyer doesn’t hear from the company or is unable to resolve the issue with the company even after contact, a dispute can be raised with the company by writing an email to sales@canevista.com – Fraudulent charges and claims are not covered under replacement/return policies.
– If the buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under replacement/return policies. Though in such cases a company can file a claim through the company protection program.
– Blacklisted and Blocked Buyers are not covered by the replacement/return policies.
– Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on the company. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs. 50,000.
– Raising disputes against the company does not automatically entitle the buyer to a refund or replacement for the product purchased. The company shall verify the disputes so raised and may process only such claims that are valid and genuine.
– The company shall at no point be responsible for any direct or indirect losses, expenses, or costs of any nature whatsoever that may be incurred by any buyer.
– Claims of the nature of buyer remorse (i.e., instances where products are bought by the buyer by mistake or where the buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
– Company reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, the company may, at its sole discretion, suspend, block, restrict, or cancel the display name [and its related display names] of such user and/or disqualify that user and any related users from availing protection through this program.
– Decisions made by the company under the replacement/return policies. Shall be final and binding on its users.
– The company reserves the right to modify or discontinue replacement or return policies. Without any prior notice period to its users.
– Through this program, the company shall not entertain claims of buyers who have incurred losses due to delayed shipment or delivery of the item by the company.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway or bank, the following situations may arise:
1. Item not received CB: Buyer hasn’t received the item. A refund will be created in accordance with the dispute policies.
2. Unauthorized CB: The buyer hasn’t made this particular transaction. A refund will be created in accordance with the dispute policies.
The company expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the company. Furthermore, Company shall ensure that invoices state “Powered by Company,” and failing to do so, Company will be liable for chargebacks (as applicable).
3. Item not as described—meaning item is not what buyer expected. A dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by the company. The company encourages its users to be professional, courteous, and respectful when communicating by email.
However, the company will investigate and can take action on certain types of unwanted emails that violate company policies.
Such instances:
Threats of Bodily Harm, Company does not permit Users to send explicit threats of bodily harm.
Misuse of Company System: The Company allows users to facilitate transactions through the company system but will investigate any misuse of this service.
Spoof (fake) email: The Company will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through the Contact Us tab.
Spam (unsolicited commercial email); the company’s spam policy applies only to unsolicited commercial messages sent by company users. Company users are not allowed to send spam messages to other users.
Offers to Buy or Sell Outside of Company ñ The Company prohibits email offers to buy or sell listed products outside of the company website. Offers of this nature are a potential fraud risk for both buyers and us.
Company policy prohibits user-to-user threats of physical harm via any method, including phone, email, and on our public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Account suspension
Cancellation of listings
Loss of special status
Other Businesses
The company does not take responsibility or liability for the actions, products, content, and services on the website that are linked to affiliates and/or third-party websites using website APIs or otherwise. In addition, the website may provide links to the third-party websites of our affiliated companies and certain other businesses, for which the company assumes no responsibility for examining or evaluating the products and services offered by them. The company does not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s). Company does not endorse, in any way, any third-party website(s) or content thereof.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to CANEVISTA ONLINE at sales@canevista.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 1 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post, and, in the case of an email, that such email was sent to the specified email address of the addressee.
RIGHTS OF THIRD PARTIES
Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Indian Contract Act, 1872.
SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
NO WAIVER
No delay or failure by us in exercising any right, power, or provision hereunder shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver. No waiver shall be effective unless in writing.