Welcome to the Vin Etena.
Vin Etena provides you with the content and services
available on this website, subject to the following Terms and Conditions, our
Privacy Policy, Payment Policy and other conditions and policies which you may
find throughout our website, in connection with certain functionality, features
or promotions, as well as customer service, all of which are deemed a part of
and included within these terms and conditions (collectively, “Terms and
Conditions”). By accessing or using this website, you are acknowledging that
you have read, understood, and you agree, without limitation or qualification,
to be bound by these Terms and Conditions.
1. Privacy
Please review our privacy-policy so that you may understand
our privacy practices.
2. Payment Policy
Please see our Payment Policy to understand the purchase
processes of our products.
All international shipping orders may attract local
duties applicable in that country and the customer will have to pay accordingly
locally.
3. Products and Services for Personal Use
The products and services described on this website, and
any samples thereof we may provide to you, are for personal use only. You may
not sell or resell any of the products or services, or samples thereof, you
receive from us. We reserve the right, with or without notice, to cancel or
reduce the quantity of any products or services to be provided to you that we
believe, in our sole discretion, may result in the violation of our Terms and
Conditions.
4. Accuracy of Information
We attempt to be as accurate as possible when describing
our products on the website. However, except to the extent implied by
applicable law, we do not warrant that the product descriptions, colours,
information or other content available on the website are accurate, complete,
reliable, current, or error-free.
5. Intellectual Property
All information and content available on the website and
its “look and feel”, including but not limited to trademarks, logos, service marks,
text, graphics, logos, button icons, images, audio clips, data compilations and
software, and the compilation and organization thereof (collectively, the
“Content”) is the property of Vin Etena, our Affiliates, partners or licensors,
and is protected by laws of India, including laws governing all applicable
forms of intellectual property.
Except as set forth in the limited licenses in Section
6, or as required under applicable law, neither the Content nor any portion of
this website may be used, reproduced, duplicated, copied, sold, resold,
accessed, modified, or otherwise exploited, in whole or in part, for any
purpose without our express, prior written consent.
6. Limited Licenses
We grant you a limited, revocable, and non-exclusive license
to access and make personal use of Vin Etena website. This limited license does
not include the right to: (a) frame or utilize framing techniques to enclose
the website or any portion thereof; (b) republish, redistribute, transmit, sell,
license or download the website or any and/or all Content (except caching or as
necessary to view the website); (c) make any use of the website or any and/or
all Content other than personal use; (d) modify, reverse engineer or create any
derivative works based upon either the website or any and/or all Content; (e)
collect account information for the benefit of yourself or another party; (f)
use any meta tags or any other “hidden text” utilizing any and/or all Content;
or (g) use software robots, spiders, crawlers, or similar data gathering and
extraction tools, or take any other action that may impose an unreasonable
burden or load on our infrastructure. You must retain, without modification,
all proprietary notices on the website or affixed to or contained in the
website.
We also grant you a limited, revocable, and nonexclusive
license to create a hyperlink to the home page of the website for personal,
non-commercial use only. A website that links to the website (i) may link to,
but not replicate, any and/or all of our Content; (ii) may not imply that we
are endorsing such website or its services or products; (iii) may not
misrepresent its relationship with us; (iv) may not contain content that could
be construed as distasteful, obscene, offensive controversial or illegal or
inappropriate for any ages; (v) may not portray us or our products or services,
in a false, misleading, derogatory, or otherwise offensive or objectionable
manner, or associate us with undesirable products, services, or opinions; and (vi)
may not link to any page of the website other than the home page. We may, in
our sole discretion, request that you remove any link to the website, and upon
receipt of such request, you shall immediately remove such link and cease any
linking unless separately and expressly authorized in writing by us to resume
linking.
Any unauthorized use by you of the Vin Etena website or
any and/or all of our Content automatically terminates the limited licenses set
forth in this Section without prejudice to any other remedy provided by
applicable law or these Terms and Conditions.
7. Your Obligations and Responsibilities
In the access or use of the Vin Etena website, you shall
comply with these Terms and Conditions and the special warnings or instructions
for access or use posted on the website. You shall act always in accordance
with the law, custom and in good faith. You may not make any change or
alteration to the website or any Content or services that may appear on this
website and may not impair in any way the integrity or operation of the
website. Without limiting the generality of any other provision of these Terms
and Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions, you shall be liable for
all the losses and damages that this may cause to Vin Etena, our Affiliates,
partners or licensors.
8. Third Party Links
We are not responsible for the content of any
off-website pages or any other websites linked to or from the Vin Etena
website. Links appearing on this website are for convenience only and are not
an endorsement by us, our affiliates or our partners of the referenced content,
product, service, or supplier. Your linking to or from any off-website pages or
other websites is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-website pages or any
other websites linked to or from the site, nor do we assume any responsibility
or liability for the actions, content, products, or services of such pages and
websites, including, without limitation, their privacy policies and terms and
conditions. You should carefully review the terms and conditions and privacy
policies of all off-website pages and other websites that you visit.
9. Special Features, Functionality and Events
Vin Etena may offer certain special features and
functionality or events (such as contests, promotions or other offerings) which
may (a) be subject to terms of use, rules and/or policies in addition to or in
lieu of these Terms and Conditions; and (b) be offered by us or by third
parties. If so, we will notify you of this and if you choose to take advantage
of these offerings, you agree that your use of those offerings will be subject
to such additional or separate terms of use, rules and/or policies.
10. Submissions
It is our policy to decline unsolicited suggestions and
ideas. Notwithstanding our policy with regard to unsolicited suggestions and
ideas, any inquiries, feedback, suggestions, ideas or other information you
provide us (collectively, “Submissions”) will be treated as non-proprietary and
non-confidential. Subject to the terms of our Privacy Policy, by transmitting
or posting any Submission, you hereby grant us the right to copy, use,
reproduce, modify, adapt, translate, publish, license, distribute, sell or
assign the Submission in any way as we see fit, including but not limited to
copying in whole or in part, creating derivative works from, distributing and
displaying any Submission in any form, media, or technology, whether now known
or hereafter developed, alone or as part of other works, or using the
Submission within or in connection with our products or services. You also
acknowledge that your Submission will not be returned and we may use your
Submission, and any ideas, concepts or know how contained therein, without
payment of money or any other form of consideration, for any purpose including,
without limitation, developing, manufacturing, distributing and marketing
products.
If you make a Submission, you represent and warrant that
you own or otherwise control the rights to your Submission. You further
represent and warrant that such Submission does not constitute or contain
software viruses, commercial solicitation, chain letters, mass mailings, or any
form of “spam”. You may not use a false email address, impersonate any person
or entity, or otherwise mislead us as to the origin of any Submission. You
agree to indemnify us for all claims arising from or in connection with any
claims to any rights in any Submission or any damages arising from any
Submission.
11. User Content
When you transmit, upload, post, e-mail or otherwise
make available data, text, software, music, sound, photographs, graphics,
images, videos, messages or other materials (“User Content”) on the website, you
are entirely responsible for such User Content. Such User Content constitutes a
Submission under Section 10 above. This means that all third parties, and not
we, are entirely responsible for all User Content that they post to the
website. You agree not to engage in or assist or encourage others to engage in
transmitting, uploading, posting, e-mailing or otherwise making available on
the website User Content that (a) is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable; (b) you do not have a right to make available under any law or
under contractual or fiduciary relationships; (c) is known by you to be false,
inaccurate or misleading; (d) you were compensated for or granted any
consideration by any third party; or (e) infringes any patent, trademark, trade
secret, copyright or other proprietary and/or intellectual property rights of
any party. In addition, you agree not to transmit, upload, post, e-mail, or
otherwise make available any software viruses, unsolicited or unauthorized
advertising, solicitation or promotional material, including chain letters,
mass mailings, or any form of “spam”. You further agree not to (i) impersonate
any person or entity, or falsely state or otherwise misrepresent your
affiliation with any person or entity; (ii) “stalk” or otherwise harass
including advocating harassment of another, entrap or harm any third party
including harming minors in any way; (iii) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any User Content;
(iv) intentionally or unintentionally violate any applicable local, state,
national or international law; or (v) collect or store personally identifiable
data about other users.
We do not endorse or control the User Content
transmitted or posted on the Vin Etena website and therefore, we do not
guarantee the accuracy, integrity or quality of User Content. You understand
that by using this website, you may be exposed to User Content that is
offensive, indecent or objectionable to you. Under no circumstances will we be
liable in any way for any User Content, including, without limitation, for any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the
obligation) in our sole discretion to refuse to post or remove any User Content
and we reserve the right to change, condense, or delete any User Content.
Without limiting the generality of the foregoing or any other provision of
these Terms and Conditions, we have the right to remove any User Content that
violates these Terms and Conditions or is otherwise objectionable and we
reserve the right to refuse service without prior notice for any users who
violate these Terms and Conditions or infringe the rights of others.
12. Copyright Complaints
We respect the intellectual property of others. If you
believe that copyrighted materials have been copied in a way that constitutes
copyright infringement, please send an email or written notice to us for
notices of infringement and provide the following: (i) identification of the
copyrighted work(s) that you claim has been infringed and that you are the
copyright owner or authorised to act on the copyright owner’s behalf; (ii) a
description of the material that you claim is infringing and the location of
the material on the website; (iii) your address, telephone number and email
address to legal@VinEtena.com
Note: The above contact information is provided
exclusively for notifying Vin Etena that copyrighted material may have been
infringed. All other inquiries will not receive a response through this
process and should be directed to our customer service group by email service@VinEtena.com
13. Representations and Warranties and Limitation of
Liability
Vin Etena website is presented “As Is”. We make no
representations or warranties of any kind whatsoever, express or implied, in
connection with these terms and conditions or the site, including but not
limited to warranties of merchantability, non-infringement or fitness for a
particular purpose, except to the extent such representations and warranties
are not legally excludable.
You agree that, to the fullest extent permitted by
applicable law, we will not be responsible or liable (whether in contract, tort
(including negligence) or otherwise), under any circumstances, for any (a)
interruption of business; (b) access delays or access interruptions to the
site; (c) data non-delivery, wrong delivery, corruption, destruction or other
modification; (d) loss or damages of any sort incurred as a result of dealings
with or the presence of off-website links on the website; (e) computer viruses,
system failures or malfunctions which may occur in connection with your use of
the site, including during hyperlink to or from third party websites (f) any
inaccuracies or omissions in content or (g) events beyond our reasonable control.
Vin Etena personal care products are based on natural formulations.
Though enormous efforts are made and precautions taken to render the products
absolutely safe for human use, it is possible that certain ingredients may
cause allergic reactions to certain individuals or adversely affect individuals
with pre-existing medical conditions. Please make yourself aware of the
ingredients and usage instructions accompanying each of our products to make
sure that they are safe for you to use. It will be your sole responsibility to
take proper precaution/ professional medical/ dermatological advice before
using any of our personal care products that you may be allergic to. You agree
that Vin Etena will not be responsible or liable for any product related issues
including without limitation any allergic reactions to you on account of usage
of our products. For any purchases made through the Vin Etena, you will inter
alia be governed by the limitation of liability and disclaimer conditions
provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will
not be liable for any indirect, special, punitive, incidental, or consequential
damages of any kind (including lost profits) related to the website or your use
thereof regardless of the form of action whether in contract, tort (including
negligence) or otherwise, even if we have been advised of the possibility of
such damages and in no event shall our maximum aggregate liability exceed
Indian Rupees 2000 only.
You agree that no claims or action arising out of, or
related to, the use of the website or these terms and conditions may be brought
by you more than one (1) year after the cause of action relating to such claim
or action arose.
14. Indemnification
You agree to defend, indemnify and hold us harmless for
any loss, damages or costs, including reasonable attorneys’ fees, resulting
from any third party claim, action, or demand resulting from your use of Vin
Etena or breach of these Terms and Conditions. You also agree to indemnify us
for any loss, damages, or costs, including reasonable attorneys’ fees,
resulting from your use of software robots, spiders, crawlers, or similar data
gathering and extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
15. Disputes
With respect to any dispute regarding the website, all
rights and obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of India and the courts of New Delhi, India, as
if the Terms and Conditions were a contract wholly entered into and wholly
performed within New Delhi, India, subject to foreign legal mandatory
provisions. To the fullest extent permitted by applicable law, any
dispute, differences or claim arising out your visit to the Vin Etena website
shall be referred to the sole Arbitrator appointed by the Chairman and Managing
Director of Vin Etena in accordance with the law. The venue of such arbitration
shall be at Chennai, India and the award of the Arbitrator shall be final and
binding on all parties and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under these Terms and Conditions shall be joined to an arbitration
involving any other party subject to this Terms and Conditions, whether through
class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable
law, any dispute relating in any way to your visit to the website shall be
submitted to an appropriate court or other judicial body in India, as
applicable, without prejudice to the applicable law and all applicable
provisions of this Section, and subject to our right to seek injunctive or
other appropriate relief in any court, if you have in any manner violated or
threatened to violate our intellectual property rights and you consent to
exclusive jurisdiction and venue in such courts.
16. Consent to Receive Notices Electronically by Posting
on the Website and Via Email
You consent to receive any agreements, notices,
disclosures and other communications (collectively, “Notices”) to which these
Terms and Conditions refer from us electronically including without limitation
by email or by posting notices on this website. You agree that all Notices
that we provide to you electronically satisfy any legal requirement that such
communications be in writing. To withdraw your consent to receive Notices
electronically, you must notify us of your withdrawal of such consent by
emailing us at service@vinetena.comand discontinue your use of this website. In such
event, all rights granted to you pursuant to these Terms and Conditions,
including but not limited to the limited licenses set forth in Section 6
hereof, shall automatically terminate. Unfortunately, we cannot provide
the benefits of this website to any user that cannot consent to receipt of
Notices electronically.
Please note that this consent to receive Notices is
entirely separate from any election you may make with respect to receipt of
marketing communications. Your options with respect to receipt of marketing
communications are set forth in our Privacy Policy.
17. General
You acknowledge and agree that these Terms and
Conditions constitute the complete and exclusive agreement between us
concerning your use of the website, and supersede and govern all prior
proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change
these Terms and Conditions at any time by posting the changes on the website
and providing notice of such change. Any changes are effective immediately upon
posting to the Site and release of notice of such change. Your continued use of
the website thereafter constitutes your agreement to all such changed Terms and
Conditions. We may, with or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply immediately with any termination
or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of joint
enterprise between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at any time
thereafter, nor shall our waiver of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any provision
of these Terms and Conditions shall be unenforceable or invalid under any
applicable law or be so held by any applicable arbitral award or court
decision, such unenforceability or invalidity shall not render these Terms and
Conditions unenforceable or invalid as a whole but these Terms and Conditions
shall be modified, to the extent possible, by the adjudicating entity to most
fully reflect the original intent of the parties as reflected in the original
provision.
If you have any questions regarding these Terms and
Conditions, please email us at legal@vinetena.com
Worldwide Copyright © Vin Etena. All worldwide rights reserved.
18. International Orders
For deliveries outside India:
– Your shipment could be subject to Customs Duty Charge / Import Duty / VAT /
Other applicable government taxes on arrival in the destination country.
– Check the tentative Customs Duty Charge / Import Duty / VAT / other
applicable government taxes here.
– These charges will have to be paid by the consignee. The brand is not liable
to pay them under any circumstances.
– The shipping charges mentioned in the total order value does not include
these charges.
– If the consignee refuses to pay the liable shipment custom charges upon its
arrival in the destination country the brand will deduct complete shipping and
return duty charges from the consignees order value while processing the
refund.
