Terms & Conditions

Welcome to CherryIndia.com

In using www.cherryindia.com service, you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on Cherryindia.com constitute an "invitation to offer". Your
order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below.
Cherryindia.com reserves the right to accept or reject your offer. If you have supplied us with your valid email
address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to
confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the
product(s) ordered. No act or omission of Cherryindia.com prior to the actual dispatch of the product(s) ordered
will constitute acceptance of your offer.
 
Membership Eligibility
 
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons
who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged
insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13
years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be
bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact
on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult
consumption the sale or purchase of which to/by minors are strictly prohibited.
 
Cherryindia.com reserves the right to terminate your membership and refuse to provide you with access to the
Site if Cherryindia.com discovers that you are under the age of 18 years. The Site is not available to persons
whose membership has been suspended or terminated by Cherryindia.com for any reason whatsoever. If you
are registering as a business entity, you represent that you have the authority to bind the entity to this User
Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access
this website from India. Cherryindia.com makes no representation that any products or services referred to in
the materials on this website are appropriate for use, or available outside India. Those who choose to access
this Site from outside India are responsible for compliance with local laws if and to the extent local laws are
applicable. Cherryindia.com will deliver the products only within India and will not be liable for any claims relating
to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and
conditions supersede all previous representations, understandings, or agreements and shall prevail
notwithstanding any variance with any other terms of any order submitted. By using the services of
Cherryindia.com you agree to be bound by the Terms and Conditions.
 
Account and Registration Obligations
 
"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in
the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy
Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password
and for restricting access to your computer, and you agree to accept responsibility for all activities that occur
under Your Account or Password. Cherryindia.com shall not be liable to any person for any loss or damage
which may arise as a result of any failure by you to protect your password or account. If you know or suspect
that someone else knows your password you should notify us by contacting us immediately through the address
provided below. If Cherryindia.com has reason to believe that there is likely to be a breach of security or misuse
of the Cherryindia.com Site, we may require you to change your password or we may suspend your account
without any liability to Cherryindia.com .
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by Cherryindia.com
india's registration form (such information being the "Registration Data")
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, incomplete, or not current or if Cherryindia.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with
the User Agreement, Cherryindia.com has the right to indefinitely suspend or terminate your membership and
refuse to provide you with access to the Site.
 
Pricing Information
 
While Cherryindia.com strives to provide accurate product and pricing information, pricing or typographical
errors may occur. Cherryindia.com cannot confirm the price of a product until after you order. In the event
that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product
information, Cherryindia.com shall have the right, at our sole discretion, to refuse or cancel any orders placed
for that product, unless the product has already been dispatched. In the event that an item is mis-priced,
Cherryindia.com 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 dispatched, your offer will not be deemed
accepted and Cherryindia.com will have the right to modify the price of the product and contact you for further
instructions using the e-mail address provided by you during the time of registration, or cancel the order and
notify you of such cancellation. In the event that Cherryindia.com accepts your order the same shall be debited
to your credit card account and duly notified to you by email that the payment has been processed. The payment
may be processed prior to Cherryindia.com dispatch of the product that you have ordered.
We strive to provide you with the best prices possible on Cherryindia.com as well as in all our stores
Cherryindia.com . However, sometimes a price online does not match the price in a store. In our effort to be the
lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices.
Prices and availability are subject to change without notice.
 
Cancellation by Cherryindia.com
 
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the
right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your
order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product
or pricing information, or problems identified by our credit and fraud avoidance department. We may also require
additional verifications or information before accepting any order. We will contact you if all or any portion of your
order is cancelled or if additional information is required to accept your order. If your order is cancelled after your
credit card has been charged, the said amount will be reversed back in your Card Account.
 
Cancellations by the Customer
 
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order
and forfeit the advance amount or part payment. The orders that have already been shipped out by us will not be
cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the
decision made by Cherryindia.com and accept Cherryindia.com 's decision regarding the cancellation.
 
Credit Card Details
 
You agree, understand and confirm that the credit card details provided by you for availing of services on
Cherryindia.com will be correct and accurate and you shall not use the credit card which is not lawfully owned
by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake
to provide the correct and valid credit card details to Cherryindia.com . Further the said information will not be
utilized and shared by Cherryindia.com with any of the third parties unless required for fraud verifications or by
law, regulation or court order. Cherryindia.com will not be liable for any credit card fraud. The liability for use of a
card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
 
Fraudulent /Declined Transactions
 
Cherryindia.com reserves the right to recover the cost of goods, collection charges and lawyers fees from
persons using the Site fraudulently. Cherryindia.com reserves the right to initiate legal proceedings against such
persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms
and conditions.
 
Electronic Communications
 
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by email or by posting notices on
the Site. 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.
 
You Agree and Confirm
 
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any
other wrong information) any extra cost incurred by Cherryindia.com for redelivery shall be claimed from you.
2. That you will use the services provided by Cherryindia.com , its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and
transacting on the Site.
3. You will provide authentic and true information in all instances where such information is requested of
you. Cherryindia.com reserves the right to confirm and validate the information and other details provided
by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly),
Cherryindia.com has the right in its sole discretion to reject the registration and debar you from using the
Services of Cherryindia.com and / or other affiliated websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting at your sole risk and are using your
best and prudent judgment before entering into any transaction through this Site
5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all
respects.
6. That before placing an order you will check the product description carefully. By placing an order for a product
you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise
objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or
otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of
the owner.
 
Colors
 
We have made every effort to display the colours of our products that appear on the Site as accurately as
possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your
monitor's display of any colour will be accurate.
 
Modification of Terms & Conditions of Service
 
Cherryindia.com may at any time modify the Terms & Conditions of Use of the site without any prior notification
to you. You can access the latest version of the User Agreement at any given time on Cherryindia.com .
You should regularly review the Terms & Conditions on Cherryindia.com . In the event the modified Terms &
Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use
the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use
of this site.
 
Governing Law and Jurisdiction
 
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore
City shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference
either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same
shall be referred to an independent arbitrator who will be appointed by Cherryindia.com and his decision shall
be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and
Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore City. The High
Court of judicature at Bangalore city alone shall have the jurisdiction and the Laws of India shall apply.
 
Reviews, Feedback, Submissions
 
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or
offered to Cherryindia.com on or by this Site or otherwise disclosed, submitted or offered in connection with your
use of this Site (collectively, the "Comments") shall be and remain Cherryindia.com property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to Cherryindia.com of all worldwide rights,
titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Cherryindia.com
owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Cherryindia.com will be entitled to use, reproduce, disclose, modify, adapt, create
derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way. Cherryindia.com is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments submitted by you to the Site will not violate this policy
or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and
will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site
will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Cherryindia.com does not regularly review posted Comments, but does reserve the right (but not the obligation)
to monitor and edit or remove any Comments submitted to the Site. You grant Cherryindia.com the right to
use the name that you submit in connection with any Comments. You agree not to use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are
and shall remain solely responsible for the content of any Comments you make and you agree to indemnify
Cherryindia.com and its affiliates for all claims resulting from any Comments you submit. Cherryindia.com and
its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
 
Copyright & Trademark
 
Cherryindia.com and its suppliers and licensors expressly reserve all intellectual property rights in all text,
programs, products, processes, technology, content and other materials, which appear on this Site. Access
to this Site does not confer and shall not be considered as conferring upon anyone any license under any of
Cherryindia.com or any third party's intellectual property rights. All rights, including copyright, in this website
are owned by or licensed to Cherryindia.com . Any use of this website or its contents, including copying or
storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without
the permission of Cherryindia.com . You may not modify, distribute or re-post anything on this website for any
purpose.
The Cherryindia.com names and logos and all related product and service names, design marks and slogans
are the trademarks or service marks of Cherryindia.com. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with the materials contained
on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third
party sites or information are provided solely as a convenience to you and do not in any way constitute or imply
Cherryindia.com endorsement, sponsorship or recommendation of the third party, information, product or
service.
Cherryindia.com 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.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or
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. No right, title or interest in any
downloaded materials or software is transferred to you as a result of any such downloading or copying. You
may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the
Site or any related software. All software used on this Site is the property of Cherryindia.com or its suppliers
and protected by Indian and international copyright laws. The Contents and software on this Site may be used
only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise
noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled
or licensed by Cherryindia.com ,one of its affiliates or by third parties who have licensed their materials to
Cherryindia.com and are protected by Indian and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Cherryindia.com
and is also protected by Indian and international copyright laws.
 
Objectionable Material
 
You understand that by using this Site or any services provided on the Site, you may encounter Content that may
be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as
such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under
applicable law, Cherryindia.com and its affiliates shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable to you.
 
Indemnity
 
You agree to defend, indemnify and hold harmless Cherryindia.com , its employees, directors, officers, agents
and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and
expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions,
which may result in any loss or liability to Cherryindia.com or any third party including but not limited to breach
of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations
under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not
limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other
rights. This clause shall survive the expiry or termination of this User Agreement.
 
Termination
 
This User Agreement is effective unless and until terminated by either you or Cherryindia.com . You may
terminate this User Agreement at any time, provided that you discontinue any further use of this Site.
Cherryindia.com may terminate this User Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, Such termination will be without any liability to Cherryindia.com . Upon
any termination of the User Agreement by either you or Cherryindia.com , 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 User Agreement or otherwise. Cherryindia.com 's right to any Comments shall survive any termination of
this User Agreement. Any such termination of the User Agreement 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 User Agreement.
 
Limitation of Liability and Disclaimers
 
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks
associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Cherryindia.com tries to ensure that
material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not
the case. Cherryindia.com will not be responsible for any errors or omissions or for the results obtained from the
use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in
the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Cherryindia.com or its suppliers shall not be liable for
any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the
Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Cherryindia.com to you for all
liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered
by you.
Cherryindia.com , its associates and technology partners make no representations or warranties about the
accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text,
graphics, links or communications provided on or through the use of the Site or that the operation of the Site
will be error free and/or uninterrupted. Consequently, Cherryindia.com assumes no liability whatsoever for any
monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any
data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the
operation of the Site.
 
Site Security
 
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
(a) accessing data not intended for you or logging onto a server or an account which you are not authorized
to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c) 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;" (d) sending unsolicited email, including
promotions and/or advertising of products or services; or (e) forging any TCP/IP packet 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. Cherryindia.com will investigate occurrences that may involve such violations and may
involve, and cooperate 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 Cherryindia.com on this Site and other than generally available third party web browsers (e.g., Google
Chrome, Firefox Mozilla, Microsoft Explorer).
 
Entire Agreement
 
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between you and Cherryindia.com with respect to the
Cherryindia.com sites/services and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and Cherryindia.com with respect to the Cherryindia.com sites/
services. Cherryindia.com 's failure to act with respect to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches.
 
Privacy Policy
 
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit
consent and we only use your information as described in the Privacy Policy. We view protection of your privacy
as a very important community principle. We understand clearly that you and Your Information is one of our most
important assets. We store and process Your Information on computers located in the India that are protected by
 
physical as well as technological security devices. We use third parties to verify and certify our privacy principles.
If you object to your Information being transferred or used in this way please do not use the Site.

 

 

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