CONTRACT

The following are the terms of the agreement between KAVERI BAAG CORPORATION (herewith referred to as ‘the Company” for the sake of brevity) and the buyer (herewith referred to as “the Buyer” for the sake of brevity) of goods through the Company’s website i.e. “www.kaveribaag.com”. If you do not agree to these terms, you will not be able to purchase anything nor process transaction of any sort, so  review these terms and conditions carefully:

1. Introduction

The Buyer agrees and confirms to the terms and conditions mentioned in this Online Contract (“the Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or coexistent agreements, representations, warranties and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. The Buyer agrees to review this Contract prior to purchasing anything and purchase of goods or services shall be deemed acceptance of this Contract and the buyer shall not be able to alter/change terms of this contract and ignorance on part of the buyer in reviewing this contract shall not be considered an excuse in case of dispute.

2. Setup and Payment

The Buyer represents and warrants that-

(i) The credit card information supplied is true, correct and complete, (ii) The charges incurred by the Buyer will be honored by the Buyer’s credit card company

(iii)The Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes.

(iv)The Buyer shall be responsible for all charges incurred through use of Buyer’s password.

(v)The Buyer agrees to keep his/her password confidential and to notify Company within 24 hours in case of any breach of this Contract or unauthorized use of his/her password.

(vi)The Company does not protect Buyer from unauthorized use of Buyer’s password.

3. Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable law pertaining to copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by the Buyer of any such content or any part of the Site is prohibited.

4. Editing, Deleting and Modification

Company reserves the right in its sole discretion to edit/alter/delete any information or content appearing on the Site and to remove/put up any goods and services for sale. Upon notice published over the Service, the Company may modify this Contract or prices and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice to the buyer. Modification of this Contract will be deemed effective upon publication of the Site with respect to transactions occurring after said date of such modification.

5. Right to Refuse

The Company reserves the right in its sole discretion to refuse/reject/restrict its services at any point of time. The Sale of any type of goods or services is subject to availability of such goods or services at the time of placing/requesting order for such goods or servcies.

6. Indemnification

The Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees related to a Buyer’s violation of this Contract or use of the Site.

7. Non-Transferable

The Buyer’s right to use the Service is not transferable and is subject to any limits established by the Company or by the Buyer’s credit card company.

8. Disclaimer

The service, content, goods and services from or through the site are provided “as-is”, “as available” and all warranties, expressed or implied are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of company, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for all particular items purchased. Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and buyer. This site and goods and services would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.

9. Refund Policy

If a product purchased is defective/damaged or not upto the Buyer’s satisfaction, the Buyer can return the product in its original condition (unbroken shrink film packing) within 15 days of receipt of the product, to the following address: 124, Damji Shamji Industrial Estate, L.B.S. Road, Vikroli West – 400083, Mumbai, Maharashtra, India. The Company shall send free replacements of the latest production, upon receipt of the returned, defective product within 15 days from receipt of product by the company.

10. Dispatch Policy

If the product or products purchased by the Buyer has been returned by the courier service provider due to incomplete/incorrect information provided by the Buyer at the time of purchase, the Company will send the consignment to the Buyer only once the correct information has been provided by the Buyer and the cost of such hardship shall be borne by the buyer only.

11. Use of Information

The Company reserves the right, and the Buyer authorizes the Company, to use the contact information of the Buyer for all marketing purposes concerning to the Company’s products.

12. Governing law

This Contract shall be treated as though it were executed and performed in MUMBAI and shall be governed by and construed in accordance with the laws of MUMBAI(without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must/shall be instituted within one month after any purchase or shall be forever waived and barred from any action. All actions shall be subject to the limitations set forth in
Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party to the contract.

13. Litigation

All legal proceedings arising out of or in connection with this Contract shall be brought solely in the jurisdiction of MUMBAI and the Buyer expressly submits to the jurisdiction of said courts and the Buyer consents to extra – territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Acknowledgement

This Agreement represents the entire understanding between you and us regarding your relationship to this Site and supersedes any prior statements or representations. If you agree to be bound by the terms of this online agreement, please click the “I AGREE” button below. If you do not agree to the terms of this Agreement, please click the “I DON’T AGREE” button to log off the system.

If you don’t click on “I AGREE” then you will not be able to purchase any goods or services.