Terms & Conditions

Terms and conditions of use

                 Our website www.exoticaorchids.in is an Indian online marketplace where members can buy orchid plants and products related to orchids. www.exoticaorchids.in is located at Birnagar, PO&PS-Raiganj. Dist.-Uttar Dinajpur, West Bengal-733134, India. By using the website www.exoticaorchids.in customers agree to be bound by the following terms and conditions (“User Agreement”) including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the website, including without limitation users who are customers, or services on the website.

Scope of these Terms & Conditions :

           The Terms & Conditions cover the contractual relationship between Exotica Orchids and customers of www.exoticaorchids.in who use the services of Exotica Orchids. These Terms & Conditions apply only to the accomplishment of contracts between members on the www.exoticaorchids.in in online platform.

             These Terms & Conditions come into effect when any member registering in www.exoticaorchids.in. By clicking on the “I Agree” button members are agree to be bound by these Terms & Conditions. Members can recall their consent or cancel the contract between them and Exotica Orchids in writing according to the suspension, recall and cancellation regulations.

 

Membership Eligibility and Registration :

             No registration is required if you use www.exoticaorchids.in to search products. Member registration is required for a variety of features, functions and services such as adding to the wish list or favourite list, products, making comments, rating products, and buying items.

             Registration as a member is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When members register and agree to be bound to these Terms & Conditions, a contract between Exotica Orchids and them for the use of www.exoticaorchids.in is accomplished by default.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 16.

           Members declare themselves willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary.

       Buyers must use every effort to keep their password safe and should not disclose it to any other person. We reserve the right to delete accounts that have not completed the registration process, e.g. invalid registrations.

 

Suspension, recall and cancellation :

             Without limiting other remedies, we may take the following actions without notice to buyers, if they break these Terms & Conditions or legal regulations or if we believe that their actions may cause us financial loss or legal liability :-

i) Limit your use of www.exoticaorchids.in

ii) Suspend or terminate their registration and refuse to provide our services to them.

       Exotica Orchids reserves the right to irrevocably suspend buyer’s registration and to refuse services to them without issuing any notice, if-

i)Any buyer provide false or fake contact data, e.g. false or invalid email address, postal address, or payment data

ii)Any buyer transfer their account to a third party or any other person. If you damage or abuse services of www.exoticaorchids.in

ii)For any other reason the which our management considers as invalid.

               Exotica Orchids reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days.

Suspended members are not permitted to use www.exoticaorchids.in and to create a new member account.

           Buyer can cancel the User Agreement at any time in writing to Exotica Orchids, At-Birnagar, PO&PS-Raiganj, Dist.-Uttar Dinajpur, West Bengal-733134, India or to info@exoticaorchids.in.

 

Order Cancellation : After placing a order either online or offline mode, in any circumstances,  buyers does not have any right to cancel the order if ordered items are available with us. In that case 100% order value will be forfeited.

    

Buying :

         For purchasing any item buyers are agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in break of this User Agreement or otherwise unlawful.

         Purchases may be rectified in exceptional circumstances, such as when the Exotica Orchids materially changes the item's description after a purchase has been made, a clear typographical error is made, or there if Exotica Orchids defaults in any way with the product listed or in the delivery of the same.

           As a buyer, everybody must ensure that they are legally able to buy any item that you purchase from our website.

         The same terms & conditions will be applied for the customers known to us through our website but place order offline for several reasons.

 

Order Cancellation : After placing a order either online or offline mode, in any circumstances,  buyers does not have any right to cancel the order if ordered items are available with us. In that case 100% order value will be forfeited.

 

Advance Booking : We can try to arrange any kind of orchids (Permitted by Indian Laws) on the basis of advance booking only. In that case customer needs to pay advance payment suggested by our sales team. Customer can not cancel any advance order once we arranged the listed plants. 100% of advance payment will be forfeited in case of such cancellation.We are responsible to refund only for the plants which we may not arranged.

Feedback :

         User verification on the Internet is difficult, and Exotica Orchid cannot and does not confirm the purported identity of users or the validity of the information which users post to the site. The feedback system consists of comments and ratings left by the buyer after a sales contract has been established between the two.

Feedback shall not contain defamatory statements, shall be based upon facts and needs to be in accordance with legal regulations. Exotica Orchids reserves the right to delete feedback and ratings in the case that these infringe these Terms & Conditions or legal regulations.

Copyright :

           The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under INDIA and other copyright laws, and is the property of www.exoticaorchids.in. The collective work includes works that are licensed to www.exoticaorchids.in. Copyright 2015, www.exoticaorchids.in ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.exoticaorchids.in or purchasing www.exoticaorchids.in products. Buyer may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for their own non-commercial use, or to place an order with www.exoticaorchids.in or to purchase www.exoticaorchids.in products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.exoticaorchids.in. Buyers are further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademark:
                 All trademarks, service marks and trade names of www.exoticaorchids.in used in the site are trademarks or registered trademarks of Exotica Orchids.

 

Warranty Disclaimer :

         The Exotica Orchids’s website and the materials and products on Exotica Orchids’s website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.exoticaorchids.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.exoticaorchids.in does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.exoticaorchids.in does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to all buyers.

Limitation of Liability

         Our website www.exoticaorchids.in shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.exoticaorchids.in has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to all buyers.

License :

             Subject to these terms of Service Agreement, we grant our buyers a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this site and services; provided that this site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, modified, a derivative work of the site is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this site and services , unless such activity is expressly permitted or required by law or has been expressly authorized in advance by us in writing except that buyer may download, display, and print one copy of the materials on any single computer solely for their personal use, and further provided that buyer keep intact all our copyright, trademark, and other proprietary notices.

Notices :

         Unless otherwise explicitly stated, notices to Exotica Orchids must be sent by mail or email to Exotica Orchids at Birnagar, PO&PS-Raiganj. Dist.-Uttar Dinajpur, West Bengal-733134, India or info@exoticaorchids.in. Notices to buyers will be sent to the email address provided by them during the registration process or by mail.

General :

           If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be strick out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms & Conditions at any time. If the alterations constitute a material change to the Terms & Conditions, we will notify to our buyers via email according to the preference expressed on their account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

Applicable Law :

         This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. In case of any dispute, buyers are hereby agree to reach to the  jurisdiction of the courts at Raiganj, West Bengal-733134.

     Also in case of any disputes / copyright claims of the materials (Photographs, Video, Articles, Informations etc.)  used in this site are subject to the  jurisdiction of the courts at Raiganj, West Bengal-733134.