Terms and Conditions
- Use of Platform
The Platform is only to be used for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.
By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING . If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
The Cocotier® reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If The Cocotier® decides to change the Terms of Use or Policies, The Cocotier® will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
- Privacy Practices
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by The Cocotier® in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of The Cocotier®.
- Your Account
If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to The Cocotier®.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in The Cocotier®’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
- Product & Services Information
The Cocotier® reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
- Product Use & Services
- Recommendation of the Product & Services
- Pricing Information
The Cocotier® cannot confirm the price of the product until you make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, The Cocotier® shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, The Cocotier® may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and The Cocotier® will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that The Cocotier® accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to The Cocotier®’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF The Cocotier®. The Cocotier® may revise and cease to make available any product/ services at anytime. In the event, The Cocotier® is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Cocotier® shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
- Cancellations, Refunds and Returns
- Mode of Payment
Payments for the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
- Cash On Delivery option is not available for orders above INR 499.
- Shipping and Delivery
- Pollution Control Compliance
- Chat Functionality
The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:
- The Cocotier® may suspend the chat service at any time without notice.
- The Cocotier® or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
- Communication through chat may be stored by The Cocotier® for future reference, and the user of such service will not have the right to access such information at any future date.
- While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
- The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
- You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
- User Content
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propoganda or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defences, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offences or is insulting any other nation.
The Cocotier® shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. The Cocotier® does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by The Cocotier®. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will The Cocotier® 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 Site. You hereby waive all rights to any claims against The Cocotier® for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that The Cocotier® has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves 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, The Cocotier® has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at thecocotierstore@gmail.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
- Intellectual Property Rights
The Cocotier® exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of The Cocotier® and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents " ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless The Cocotier® explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by The Cocotier®, any of its affiliates or by third parties who have licensed their materials to The Cocotier® and are protected by Indian copyright laws and international treaties.
- Limited License
The Cocotier® reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.
- Representations and Warranties
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
The Cocotier® shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Cocotier® does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
The Cocotier® through the Site intends to provide its users with general information about products. The Site encourages its users to interact with The Cocotier® and its employees by asking questions that enables the user to obtain information of a general nature pertaining the products. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with The Cocotier®, its employees or representatives (collectively referred to as " Information ") which are in furtherance of any communication made by the user with The Cocotier®, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While The Cocotier® takes reasonable care to ensure that the Information is accurate, The Cocotier® makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. In the event any user relies on the Information provided by The Cocotier® or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will The Cocotier®, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
In keeping with The Cocotier®'s objective of providing \its users with general information about the products, The Cocotier® engages experts having knowledge of in their respective fields (" Experts ") to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites, including the Site's facebook page (collectively referred to as " Expert's Opinion ") is based on the Expert’s personal opinion. The Expert's Opinion is not intended to constitute personal suggestion. The Cocotier® makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at its own risk. Under no circumstances will the The Cocotier®, Company, its employees, representative or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
- Disclaimer of Warranty and Limitations of Liability
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL 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, LOSS, THEFT, MIS-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 SITE; (e) 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 THE REASONABLE CONTROL OF The Cocotier®. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE 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.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE 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. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
- Links and Third Party Sites
The Cocotier® is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. The Cocotier® do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible 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 via the Site.
- Termination
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. The Cocotier® may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or The Cocotier®, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
- Indemnity
- Governing Law and Jurisdiction
Without any prejudice to particulars listed in Clause 13 above, The Cocotier® shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply.
- Site Security
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
- sending unsolicited email, including promotions and/or advertising of products or services; or
- forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
The Cocotier® is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from The Cocotier® on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Entire Agreement
The Cocotier®'s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
- General
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site 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 Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture 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. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at thecocotierstore@gmail.com
- Contact Information:
E-mail id: thecocotierstore@gmail.com
E-mail id (for international customers): thecocotierstore@gmail.com
Phone: +91- 8178949339
Contact Days: Monday to Saturday (8:00 a.m. to 10:00 p.m.)
Sunday (10.00 a.m. to 7.00 p.m.)