Terms of Service
TERMS & CONDITIONS
Welcome to Ecoloom.co (“Website”). ECOLOOM ® and/or its affiliates provide website features and other products and services to you when you visit or shop at www.ecoloom.co, use ECOLOOM ® products or services, or use software provided by ECOLOOM ® in connection with any of the foregoing.
ECOLOOM ® provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and ECOLOOM ® (“Company” or “us” or “We” or “ECOLOOM.com”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
www.ecoloom.co is an internet based portal owned and operated by Ecru & Bay Trading Private Limited ; a company incorporated under Companies Act, 1956 (hereinafter ‘TDPL) having its registered office at 708, Pace City 2, Sector 37, Gurgaon 122001, Haryana India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '"you", "your" shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our" and "Company”, “Website”, “TDPL” and “Platform” shall mean Ecru & Bay Trading Private Limited (www.ecoloom.co) and includes its associates, affiliates and subsidiary (ies).
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by TDPL at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Gurgaon. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "checkbox " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.
The domain name ECOLOOM.com is registered in the name of Ecru & Bay Trading Pvt. Ltd. which is a registered company under the Companies Act 1956. Its registered office is at 708, Pace City 2, Sector 37, Gurgaon 122001, Haryana. ECOLOOM ® is in the business of selling luxury lifestyles retail products such as apparel and other related goods and has retail stores located in Delhi, Mumbai and Hyderabad.
RIGHT TO CHANGE
ECOLOOM ® reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.
- Collection of Personally Identifiable Information and other Information
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behavior on our Website. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
If you choose to buy on the Website, we collect information about your buying behavior.
If you transact with us, we collect some additional information, such as a billing address, a credit/ debit card number and a credit/ debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card/ debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
Our Website links to other websites that may collect personally identifiable information about you. The website is not responsible for the privacy practices or the content of those linked websites.
Cookies are small data files that are placed on your hard drive that assist us in providing our services. We use "session" cookies to keep you logged in while you use our Services, to better understand how you interact with our Services, and to monitor aggregate usage and web traffic information on our Services. We use "persistent" cookies to recognize you each time you return to our Services.
- Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. We do not sell, rent, trade or exchange any personally-identifying information of our Users. We may provide your collected information to our affiliates and service providers under contract (such as customer care, data analytics) to support the operation of the Website and our services. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users' activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
- Sharing of personal information
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
- Security Precautions
We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. TDPL may use encryption, password and physical security measures to help protect your personal information against unauthorized access and disclosures. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communication will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows and can easily guess, and keeping your login and password private. TDPL is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your account via unauthorized password activity.
You agree and acknowledge that you are providing your Information out of your free will. You have an option not to provide or permit us to collect your Personal Information or later on withdraw your consent with respect to such Personal Information so provided herein by sending an email to the Grievance Officer or such other electronic address of the TDPL as may be notified to you. In such case, you should neither visit any Website nor use any services provided by our entities nor shall contact any of our entities. Further, we may not deliver products to you, upon your order, or we may deny you access from using certain services offered on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.
- Your Consent
- Escalating Officer
The contact details of the Escalating Officer for any dissatisfaction, complaints, and the dispute is as follows: info@Ecoloom.co
- Further Acknowledgements
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Ecru & Bay Trading Private Limited or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of TDPL, the vendor or the third party that may own the Marks.
When you use any of our Services or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ECOLOOM ® owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to ECOLOOM ® without obtaining authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights. ECOLOOM ® does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of Copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted ECOLOOM ® the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any Form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. A user also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants ECOLOOM ®, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of ECOLOOM ®, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ECOLOOM ® protected by copyright as a collective work under the applicable copyright laws. ECOLOOM ® owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/ print/ save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ECOLOOM ® and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with ECOLOOM ® shall not be deemed to be in the public domain but rather the exclusive property of ECOLOOM ®, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ECOLOOM ®, unless otherwise stated.
ECOLOOM ® is a registered trademark under application no. 3558340
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
ECOLOOM ® respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. ECOLOOM ® reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, ECOLOOM ® has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you does not have any right to; 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; 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, defense, 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 offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that ECOLOOM ® shall in no manner be held responsible for the same.
The price of our merchandise as mentioned on ECOLOOM ®.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all taxes as are applicable in India. Additional applicable taxes may be charged depending upon the international destination where the order has to be shipped to. Domestic delivery shall be free of cost. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. However, for International deliveries, there would be an additional shipping cost. The cost of shipping will be calculated and indicated at the time of Checkout. The price you see on the checkout page is inclusive of shipping cost and is exactly what you would pay.
ORDER CANCELLATION BY CUSTOMERS
An end user may cancel an order within 4 hours after placing it. No cancellations beyond 24 hours will be entertained barring extenuating circumstances (i.e. National Holiday). Any accepted cancellation beyond 24 hours will be exclusively at the discretion of TDPL. A canceled order will result in a credit to the user credit card/account. No purchase order will be generated.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate ECOLOOM ® for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
All payments made against the purchases /services on ECOLOOM ®.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by ECOLOOM ®. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a full proof online shopping environment to our users.
ECOLOOM ® may employ PaisaPay, PayPal and such other third-party facilities, for Payments on the Website. Such payments can be made through the electronic transactions, as may be permitted by ECOLOOM ® which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
ECOLOOM ® endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if ECOLOOM ® fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, ECOLOOM ® may at its discretion charge you for additional shipping cost.
REFUNDS & RETURNS
ECOLOOM ® shall make all endeavors to deliver defect free products to the purchasers. ECOLOOM ® does not take title to any returned items purchased by the user unless the item is received by ECOLOOM ®. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to ECOLOOM ® within 24 hours of its receipt. Any communication received after 24 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered. ECOLOOM ® will not provide the option of exchange for reasons like color mismatch and exchange for size.
No money for the returned product will be refunded, however a credit note will be generated for the value of returned goods.
ECOLOOM ® holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.
Products displayed on ECOLOOM ® attempts to be as accurate as possible. However, ECOLOOM ® does not warrant those product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by ECOLOOM ® is not as described, your sole remedy is to contact ECOLOOM ® within 24 hours of receipt and ECOLOOM ® riser vest the right to provide a solution as per its discretion. ECOLOOM ® is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
Products displayed/ sold on the ECOLOOM ® website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from prices that are available in stores. Further, the prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.
From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. ECOLOOM ® reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by ECOLOOM ® are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. ECOLOOM ® makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through ECOLOOM ®, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
ECOLOOM ® does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We 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. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk , that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that ECOLOOM ® shall not be liable for any damages of any kind related to your use of this Website.
The information contained in this website is for general information purposes only. The information is provided by www.ECOLOOM ®.com, a property of Ecru & Bay Trading Pvt. Ltd (Hereinafter referred to as “TDPL”). While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Though ECOLOOM ® shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes or is meant to constitute, the advice of any kind.
All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website are not restricted in your territory. ECOLOOM ® shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
ECOLOOM ® will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to indemnify and shall not hold ECOLOOM ® (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or be arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The failure by ECOLOOM ® to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by ECOLOOM ® of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
Failure on the part of ECOLOOM ® to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against ECOLOOM ® or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of ECOLOOM ® that directly or indirectly hinders or prevents ECOLOOM ® from commencing or proceeding with the consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of Force Majeure.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to info@Ecoloom.co
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
These Terms and Conditions or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
© 2017 Ecoloom® Appl. No.3558340 Date 27/05/2017. All Rights Reserved.