faceboo TERMS OF USE | Saint Gobain

TERMS OF USE

Welcome to the Saint-Gobain E-commerce platform, a marketplace related to glass and glass products.

This document is an electronic record in terms of Information Technology Act, 2000 and rules, that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Saint-Gobain E-commerce platform - www.in.saint-gobain-glass.com/buymirrors-online/ (hereinafter referred to as "Website").

This Website is owned by Saint-Gobain India Private Limited, a company incorporated under the provisions of the Indian Companies Act, 1956, with its registered office at Level 7, Sigapi Achi Building, 18/3, Rukmini Lakshmipathi Road, Egmore, Chennai.

By accessing or using the Website, or by otherwise, You agree to these Terms of Use. If You violate or do not agree to these Terms of Use, Your access to and use of the Website shall be considered unauthorized.

For these Terms of Use, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website as a registered User by using any electronic devices and systems. The term " Saint-Gobain E-commerce platform","We","Us","Our" shall mean Saint Gobain India Private Limited and its affiliates.

When You use any of the Products (defined below) provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Products, and they shall be deemed to be incorporated into the Terms of Use and shall be considered as part and parcel of the Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies including but not limited to privacy policy as amended from time to time.

1. Account Registration

In order to purchase the Products on the Website, You may choose to register on the Website or checkout as a guest user. When creating an account, You agree that all of Your registration data will be true and complete, and You will keep Your account information current and upto-date.

You agree not to allow anybody else to use Your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made and anything else that occurs, through Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please notify Us immediately of any such suspected unauthorized activity on Your account by sending Us an email at support.india@saint-gobain.com.

2. Our Services

We act as a platform to allow Our Users who comply with these Terms of Use to purchase the products listed on the Website (“Products”). The Products can be purchased through various methods of payments offered. The purchase of Products shall be additionally governed by specific policies like cancellation policy, return policy, refund policy and order delivery policy. It is clarified that at the time of creating a return request, Users are required to confirm that the Product being returned is unused, undamaged and has the original tags intact. If the Product is returned by the User is used, damaged or if the original tags are missing, the User’s return request shall be declined, and the said shall be re-shipped back. In the event that, the return request is declined, the User shall not be eligible for a refund, and the Saint-Gobain Ecommerce platform assumes no liability in this regard. Further, in the event User fail to accept the receipt of the said re-shipped, User shall continue to be not eligible for a refund, and the Saint-Gobain E-commerce platform assumes no liability with respect to the return or refund for the said re-shipped. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Saint-Gobain E-commerce platform does not warrant that Product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard

3. Pricing and Payment

  1. All prices are in Indian rupees. The prices of the Products are subject to change at the SaintGobain E-commerce platform’s discretion.
  2. All prices are exclusive of any tax that may be required to be remitted to tax authorities.
  3. We will use Our best efforts to ensure that the accuracy of the prices and price related information stated on the Website.
  4. In the event of any inadvertent mistake by the Company in quoting the price, Saint-Gobain Ecommerce platform will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your order.
  5. We accept the following form of payments: online payment via credit card, debit card, net banking UPI and mobile wallets.
  6. You agree, understand, confirm and state that the card details provided by You to transact on the Website will be correct, accurate and is owned by You. In the event You use the card belonging to any third party, then, You confirm that You have been authorized to or expressly permitted by such third party to use the card for making payments.
  7. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User
  8. In addition to all other remedies available under law and equity and as detailed under this Terms of Use, We reserve the right to recover the cost of Product(s), collection charges, attorney’s charges etc., from the User using the Website fraudulently. Further, We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms of Use.

4. Your Conduct

You agree not to post, email, host, display, upload, modify, publish, transmit, store, update or share any information on the Website, or otherwise make available content:

  1. That violates any applicable law or regulation;
  2. That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless You are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Saint-Gobain E-commerce platform all of the license rights granted herein;
  3. That infringes any of the foregoing intellectual property rights of any party, or is content that You do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
  4. That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
  5. That includes personal information or sensitive personal data or information about another person without that person's explicit consent;
  6. That is false, deceptive, misleading, deceitful or misinformative;
  7. That constitutes or contains pyramid schemes, affiliate marketing, link referral code, junk mail, spam, chain letters, or unsolicited advertisements of a commercial nature;
  8. That advertises anything which is prohibited or restricted by applicable law;
  9. That contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
  10. That disrupts the normal flow of dialogue with an excessive number of messages to the Website, or that otherwise negatively affects other Users' ability to use the Website; or
  11. That is harmful to child;
  12. Attempt to gain unauthorized access to computer systems owned or controlled by SaintGobain E-Commerce Platform or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

5. Disclaimer

All information, content, materials, Products, advice, and other services included on or otherwise made available to You through Our Website are provided solely on an 'as is' and 'as available basis, and therefore Your use of the Website is at Your risk.

Except as otherwise provided, We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

You acknowledge and undertake that You are accessing Our Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. You further acknowledge and undertake that You will use the Website to order Products only for Your personal use and not for any commercial or business purposes

6. Indemnification

You shall defend, indemnify and hold harmless the Saint-Gobain E-commerce platform, its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of Your or Your affiliate's or relative's: (a) breach of these Terms of Use, the privacy policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or the Saint-Gobain E-commerce platform; or (d) unauthorized, improper, illegal or wrongful use of Your Saint-Gobain E-commerce platform account (including by You or by any person, including a third party, whether or not authorized or permitted by You). This indemnification obligation will survive the expiry or termination of these Terms of Use and/or Your use of the Website.

7. Trademark, Copyright and Restriction

We reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. All Products on Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the Saint-Gobain E-commerce platform, modification of the Products, use of the Products on any other networked computer environment or use of the Products for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use of Products for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

8. No Warranties

The Saint-Gobain E-commerce platform assumes no responsibility for failures resulting from improper use or handling, misuse, abuse, neglect, transportation, installation of the Product, that have adverse effects on the Products, exposure to adverse environmental conditions, including but not limiting to, alkalis, acids or sharp objects or works that may have a detrimental effect on the Product, or improper cleaning practices, or by the act of god. After delivery to carrier, Product breakage is not warranted under any circumstances.

The Saint-Gobain E-commerce platform shall not be responsible or liable for any artificial or unnatural deterioration of Product in following circumstances where the Product is damaged on account of (i) poor maintenance ; (ii) failure to cover the Product on all sides; (iii) failure to ensure that the Product is cleaned regularly with water, mild detergent solution or soft solvents; (iv) use of solvents where the pH level is not in the range from 5 to 8; (v) use of abrasive material which damages the coating; (vi) inappropriate use of the Product; (vii) improper handling, stacking or storing of the Product; (viii) defective glazing and fabrication; (ix) improper removal or installation; (x) failure to use mechanical method of handling glass, wherever necessary or so advised; (xi) contact with tree branches, window coverings, blinds, curtains or other items/objects which are abrasive; (xii) improper movement or placement of Product; (xiii) if the Product is subject to abnormal stresses from the load application of heat, excessive vibration, building or foundation movement; (xiv) lack of adequate expansion or contraction provisions in the framing members; (xv) if the Product is glazed with materials which do not remain resilient; and/or (xvi) if the methods and materials used in glazing the Product do not completely repel water.

9. Limitation of Liability

In no event shall the Saint-Gobain E-commerce platform be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the Products. If, Saint-Gobain E-Commerce Platform is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Website, Saint-Gobain E-Commerce Platform’s liability shall in no event exceed price of the Product(s) You purchased giving rise to the cause of action.

10. External Content

The Website may contain links to other websites; these external websites are not under Our control. We cannot be held responsible for such websites and cannot make any warranties about them. We provide these links because we think they might interest you, but we do not monitor or endorse these websites.

11. Risk of Loss and Title

The risk of loss and title for the Products purchased by You is passed to You upon delivery of the Products to the carrier. Saint-Gobain E-Commerce Platform cannot be held responsible for any breakage of the Products during transit.

12. Privacy

Please review Our privacy policy, which also governs Your visit to Saint-Gobain E-Commerce Platform. The personal information or sensitive personal data or information provided by You during usage of Our Website will be treated as strictly confidential and in accordance with the privacy policy and applicable laws and regulations.

13. Marketing and Promotion

By accepting the Terms of Use, You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by You. By accessing and using the Website and/ or verifying Your contact number with Saint-Gobain E-Commerce Platform, You explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from Saint-Gobain E-Commerce Platform and/or Our authorized representatives regarding any new services or offerings, even if Your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Saint-Gobain E-Commerce Platform at any time by following the instructions set out in such communications.

14. Cookies

[]shall have the right to store “cookies” on the Users system during use of the Website. These cookies allow the Users to be automatically identified as a user upon his next use of the Website. You shall have the right to block the storage of cookies or delete cookies by making the appropriate browser settings.

15. Domestic Use

Saint-Gobain E-Commerce Platformmakes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws and shall abide by the exclusive jurisdiction of the Courts.

16. Termination

Saint-Gobain E-Commerce Platformreserves the right to terminate Your access to the Website if it reasonably believes, in its sole discretion, that You have breached any of the terms and conditions of this Terms of Use. Following termination, You will not be permitted to use the Website and Saint-Gobain E-Commerce Platform may, in its sole discretion and without advance notice to You, cancel any outstanding orders for Products. If Your access to the Website is terminated, Saint-Gobain E-Commerce Platform reserves the right to exercise by whatever means it deems necessary to prevent unauthorized access of the Website by You. This Terms of Use will survive indefinitely unless and until Saint-Gobain ECommerce Platform chooses, in its sole discretion and without advance to You, to terminate it.

17. Governing Law and Exclusive Jurisdiction

These terms shall be governed by the laws of India without regard to its conflict of law principles to the contrary. You will not commence or prosecute any suit, proceeding or claim to enforce the provisions of this Terms of Use, to recover damages for breach of or default of these Terms of Use, or otherwise arising under or by reason of these Terms of Use, other than in courts. By using Our Website, You consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms of Use. You hereby waive any right to trial before any court arising out of this Terms of Use and any related documents.

18. Force Majeure

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control.

19. Assignment

You may not assign Your rights and obligations under this Terms of Use to anyone. SaintGobain E-Commerce Platform may assign its rights and obligations under this Terms of Use in its sole discretion and without advance notice to You.

20. Waiver

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

21. Severability

If any part of this Terms of Use is declared void, voidable, illegal, invalid or unenforceable under the Applicable Laws, such part shall be severed, and the remainder of the Terms of Use will continue be valid and enforceable.

22. Contact Information

Email: Please write to us at support.india@saint-gobain.com for any questions or comments regarding the Website