1.1. Thank you for visiting www.AndOtherEssentials.com. By accessing our website or any other media or platform whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of the company (“Website”).
1.4. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.5. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
1.6. The Website is operated by And Other Essentials a sole proprietorship company based out of Mumbai, India All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.7. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.8. These Terms will continue to apply until terminated by either You or www.AndOtherEssentials.com in accordance with the terms set out below. The agreement with And Other Essentials can be terminated by closing Your Account and informing the change via email. The above clause shall also apply to any additional Terms applicable to the use of the Website and And Other Essentials reserves the right to terminate access to the Website (including any services offered as part thereof);
1.9. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
2. Legal Usage
2.1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
2.2. Any minor below the age of 18 wishing to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
3. Account and Password Related Security
3.1. Any person may access the Website and the Products by registering for an account or using the website as a guest user. However, certain sections such as order history, promo offers etc may only be available to a registered user which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you will be required to create an account by registering through your email ID and filling in a registeration form on the site. You will be provided with the option to set a password and an account and dashboard will be designated upon completing the Website’s registration process. Please note that you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. Incase of any unauthorised use of your account and password, you will immediately notify the Website. You will ensure you will logout at the end of each of you sessions. And Other Essentials will not be responsible for any loss or damaged caused on an account of misuse of your password. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If a User provides an information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe so, And Other Essentials shall have the right to suspend or terminate the User account and refuse any and all current or future use of the Website (or any portion thereof).
4. Products & Sale
4.1. By listing a Product on the Website, And Other Essentials warrants that all such Products are legally permitted to be sold. And Other Essentials may charge a shipping and handling fee to cover the costs of packaging and parcelling the product. And Other Essentials may issue promo code from time to time which can be used on a limited range of products. These promo codes have no cash value nor can it be exchanged for money or credit.
4.2. Representation of all the Products exhibited on the Website are as accurate as possible although please note some colours may vary slightly from what is displayed on your monitor. If the product is found damaged, the user should immediately email us at firstname.lastname@example.org or call us at +91 9769665838 within 24 hours of receiving the product. In such cases, the product may be replaced or other corrective measure may be taken to solve the issue
4.3. Prices for Products are subject to change without prior notice irrespective of whether an item has been wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices. At no times does And Other Essentially doesn’t guarantee lowest price in a city of a country.
4.4. While And Other Essentially strives to provide accurate information relating to all it’s products and services including description, pricing information, at times typographical and other errors may occur. In case a product is listed with incorrect price or with incorrect information due to an error, And Other Essentials may, at its discretion contact you to cancel or amend your order and inform you of such change.
4.5. All prices mentioned on the website for products are in Indian Rupees unless specified otherwise. By initiating a transaction the User is entering into a legally binding and enforceable contract with the Website to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
5.1. And Other Essentials.com may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment to the User.
5.2. Every User agrees to provide accurate information, such as credit/debit information for purchasing Products and placing an order on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution. You will be solely responsible for the security and confidentiality of your credit/debit card details. And Other Essentials expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
6. Shipping and Delivery
6.1. All Products purchased or orders places on the Website shall be delivered to the User by a variety of standard courier services by And Other Essentials. And Other Essentials may charge a cash on delivery (COD) fee on certain orders. The COD fee can be viewed at the time of placing the order in the cart itself and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
6.2. If your delivery address falls under a non serviceable pin code by our delivery partners, vendors, or your location is not covered by us, we will request you to provide us with an alternate shipping address which we is serviceable by our shipping partner. If there is any dispute regarding the shipment of the products or services for the area not covered by And Other Essentials, we will not be held responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, we will be attempt to ship all products together. However, this may not always be possible and as such we will courier the order in multiple parcels.
6.3. An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an notification email containing a summary of the order and also the estimated delivery time to your location. The logistics partner supported by AndO ther Essentials will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts And Other Essentials reserves the right to cancel the order(s) at its discretion.
6.4. Incase of delay in delivery of the Order, the User may be notified of the same from time to time. And Other Essentials shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
6.5. Currently AndOtherEssentials.com services Pan India and as such no deliveries of the Products shall be made outside the territorial boundaries of India.
7. Returns and Refunds
7.1. All Products ordered from the Website and successfully delivered to the User may be returned and refunded for with the terms contained as per the policy mentioned below.
7.2. Please note that no Products will be accepted as returns if the Products have been damaged or wear and tear has been caused by the User, if the product shows signs of usage, if there is a change in the quality, quantity or other characteristics of the Product as per the order received, if as per the And Other Essentials the product returned is not the Product that was delivered or any other circumstances that the Website may notify or deem appropriate from time to time.
7.3. In case of returns the tags on the product should be intact, the product should be unwashed, unused and in an undamaged condition, the item needs to be returned along with the original packaging.
7.4. And Other Essentials will not be liable for the products returned by mistake. In circumstances where a product not belonging to And Other Essentials.com is returned by mistake, And Other Essentials is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
7.5. Where the Product replaced is of a higher value that the Product returned, the User shall be liable to pay the differential charges by way of any of the payment method mentioned herein. Incase the Product replaced is of a lower value, the Website may at its discretion issue a voucher or credit note for the differential value and the User that may use such voucher for another transaction on the Website
7.6. Refund, if any, shall be made at the same mode of payment through which the Product was purchased such as debit card, credit card, net banking, wallet etc. For cash on delivery transactions, the User has the will receive the refund in any bank account via NEFT (for which the User shall have to share the bank details).
7.8. All refunds shall be made in Indian Rupees only.
7.9. The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
7.10. All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, 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 and all other laws as may be applicable.
9.1. Inorder to provide you with a safe and secure shopping experience, we regularly monitor transactions for any fraudulent or spam activities. In the event of detecting any such activities, And Other Essentials reserves the absolute right to cancel all past, pending and future orders without any liability. From time to time, we may also require additional verifications or information before accepting your order. Our support team may get in touch wtih you if all or any part of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged for the order, the same will be reversed to your account. Any promotional voucher used for the cancelled orders will not be refunded. Further, in case of suspicious transactions, And Other Essentials reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
9.2. The activity and User may be considered fraudulent or spam if Users doesn’t reply to the payment verification mail sent byAnd Other Essentials, Users are unable to produce documents during the payment details verification as requested, User is found misusing another person’s email/phone/address/payment details, Use of a voucher not tagged to the email ID of the User himself, refuseses to pay for an order, user is involved in the snatch and run for any order,
9.3. Under such conditions the User may be considered loss to business and may be denied service if the User is found to have a very high order return rate, Invalid/Incomplete address cases, Repeated request for monetary compensation for petty issues
Account for the Users falling in fraudulent or loss to business category may be blocked.
10. Content Published by User
10.1. You agree and undertake to use the And Other Essential’s Website and its platform only to post and upload messages and material that are proper You will not not post content on the site that abuses, harasses, defames or otherwise violate the legal rights of others. You shall not publish, post or upload content that is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful. You shall not upload or distribute files that contain viruses, corrupted files, or any other and any software or programs that may damage the operation of the Website or another’s computer. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website.
10.2. Every User hereby grants And Other Essentials’ website and its various platforms online and offline a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. And Other Essentials shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
10.3 All IPR on the Website exclusively belong to And Other Essentials. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier during or pursuant to its use of the Website for any purposes whatsoever. The User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
11. Links To Other Web Sites
1.1 The Website or it’s products may contain links to third-party web sites or services that are not owned or controlled by And Other Essentials. And Other Essentials has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that And Other Essentials shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
12. Applicable Law & Jurisdiction:
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction in respect of any matters arising herefrom. Incase a dispute arises as a result, The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Mumbai. The language of arbitration shall be English.
Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
13. Changes to the Website
13.1 We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. Any revisions or modifications will be posted on the website within 24 working hours. prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
In case you’d like to speak with respect to the terms and conditions you can reach us at email@example.com or +91 9769665838.