When you use the site elbatraders.com or any partner site of Elba Traders, it is
understood that
the usage is subject to the notices, terms, and conditions set forth in this agreement (the
"Agreement"). In addition, when you use any Elba Traders service (e.g., Customer
Reviews), you
will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service,
and they are incorporated into this Agreement by this reference. Elba Traders reserves
the
right to change these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE
INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE PROCEEDING
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision
of a parent or guardian. Subject to the terms and conditions of this
Agreement, Elba Traders
hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the
Site by displaying it on your internet browser only for the purpose of shopping for personal items sold
on the Site and not for any commercial use or use on behalf of any third party, except as explicitly
permitted by Elba Traders in advance. Any breach of this Agreement shall result in the
immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease,
transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit this Site or any portion of it unless expressly permitted
by Elba Traders in
writing. You may not make any commercial use of any of the information provided on the Site or make any
use of the Site for the benefit of another business unless explicitly permitted
by Elba Traders
in advance. Elba Traders reserves the right to refuse service, terminate accounts,
and/or
cancel orders in its discretion, including, without limitation, if Elba Traders
believes that
customer conduct violates applicable law or is harmful to Elba Traders's interests.
You shall
not upload to, distribute, or otherwise publish through this Site any Content, information, or other
material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person or firm; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian or
international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful
code or properties.
Elba Traders may assign you a password and account identification to enable you to
access and
use certain portions of this Site. Each time you use a password or identification, you will be deemed to
be authorized to access and use the Site in a manner consistent and in agreement with the terms and
conditions of this Agreement, and Elba Traders has no obligation to investigate the
authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL
ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO
YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT
LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION
FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting
the security and confidentiality of the password and identification assigned to you. You shall
immediately notify Elba Traders of any unauthorized use of your password or
identification or
any other breach or threatened breach of this Site's security.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or
post to the Site and/or provide Elba Traders, including without limitation, ideas,
know-how,
techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be
treated as non-confidential and non-proprietary, and Elba Traders shall have the
royalty-free,
worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in
any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All
Submissions shall automatically become the sole and exclusive property of Elba Traders
and
shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site,
you also grant Elba Traders the right to use the name that you submit with any review,
comment,
or other Content, if any, in connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews, comments and other Content
that you post on this Site and that use of your reviews, comments, or other Content
by Elba Traders
will not infringe upon or violate the rights of any third party. You shall not use a false e mail
address, pretend to be someone other than yourself or otherwise mislead Elba Traders
or third
parties as to the origin of any Submissions or Content. Elba Traders may, but shall
not be
obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You agree, understand and acknowledge that Elba Traders Site is an online shopping
platform, a
venue enabling the users to buy any product listed on Elba Traders Site at the price
indicated
on the terms and conditions indicated therein at any time from any place. You further agree and
acknowledge that Elba Traders is not involved in any sale and purchase of
goods/products listed
on this Site. Elba Traders is only a facilitator, an intermediary and is not and
cannot be a
party to or control in any manner any transactions between the Vendor/Seller and the
Customer/Buyer. Elba Traders
shall neither be responsible nor liable to mediate or resolve any disputes or
disagreements between the Users.
Elba Traders shall neither be liable nor responsible for any actions or inactions of
Vendors
and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer
of the products.
Elba Traders does not sell or retail any products and does not ensure that the Users
shall
perform their obligations in respect of the transaction concluded on this Site and further expressly
disclaims any warranties or representations express or implied in respect of quality, safety,
merchantability, fitness for a particular purpose, or legality of the products listed and transacted on
Elba Traders.
You further agree and undertake 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.
The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items
or services. Elba Traders is only providing a platform for communication and it is
agreed that
the contract for sale of any of the products or services shall be a strictly bipartite contract between
the Seller and the Buyer. At no time shall any right, title or interest over the items vest
with Elba Traders
nor shall Elba Traders have any obligations or liabilities in respect of
such contract. Elba Traders is not responsible for unsatisfactory or delayed
performance of
services or damages or delays as a result of items, which are out of stock, back ordered, returned
undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the
available supply/till stock lasts.
Elba Traders accepts no liability for any errors or
omissions, whether on behalf of itself or third parties.
Elba Traders is not responsible and shall not be responsible for any non-performance
or breach
of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as established
by Elba Traders
which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper
in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the invoicing and delivery of
the product to the buyer at the shipping address provided by the Buyer. Any and all orders placed by you
on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not
contest it in anyway.
Before placing an order you are advised to 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 agree, understand and confirm that the credit card details provided by you for availing of services
on Elba Traders will be correct and accurate and you shall not use the credit card
which is not
lawfully owned by you. You further agree and undertake to provide the correct and valid credit card
details to Elba Traders. Further the said information will be not be utilized and
shared by Elba Traders
with any of the third parties unless required by law, regulation or court order.
Confirmation:
In addition to any other legal or equitable remedies, Elba Traders may, without prior
notice to
you, immediately terminate the Agreement or revoke any or all of your rights granted under this
Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of
the Site and Elba Traders shall, in addition to any other legal or equitable remedies,
immediately revoke all password(s) and account identification issued to you and deny your access to and
use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective
rights and obligations (including without limitation, payment obligations) of the parties arising before
the date of termination.
This Site may be accessed from countries other than India. This Site may contain products or references
to products that are not available outside of India. Any such references do not imply that such products
will be made available outside India. If you access and use this Site outside India you are responsible
for complying with your local laws and regulations.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS
SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE
PROVIDED BY Elba Traders ON AN "AS IS"
AND BEST EFFORT BASIS. Elba Traders
MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, Elba Traders DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES,
MISTAKES OR TYPOGRAPHICAL ERRORS. Elba Traders DOES NOT WARRANT THAT
THE CONTENT WILL BE
UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Elba Traders WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Elba Traders'S TOTAL LIABILITY TO
YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION)
SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Elba Traders
DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Elba Traders'S
LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to
typographical error or error in pricing or product information received from our vendors or suppliers,
Elba Traders shall have the right to refuse or cancel any orders placed for product
listed at
the incorrect price. Elba Traders shall have the right to refuse or cancel any such
orders
whether or not the order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Elba Traders shall
issue a
credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties.
You acknowledge that Elba Traders is not responsible for the operation of or content
located on
or through any such site.
Elba Traders respects the intellectual property of others. If you believe that your
work has
been copied in a way that constitutes copyright infringement, please contact us at Customer
Support.
You agree that Elba Traders's remedy at law for any actual or threatened breach of
this
Agreement would be inadequate and that Elba Traders shall be entitled to specific
performance
or injunctive relief, or both, in addition to any damages that Elba Traders may be
legally
entitled to recover, together with reasonable expenses of any form of dispute resolution, including,
without limitation, attorneys' fees.
No right or remedy of Elba Traders shall be exclusive of any other, whether at law or
in
equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Elba Traders of its rights or remedies under these terms and
conditions shall imply any obligation to grant any similar, future or other waiver.
