Terms of service

THIS DOCUMENT IS AN ELECTRONIC RECORD IN T&C OF THE INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND T&CFOR ACCESS OR USAGE OF THE WEBSITE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THESE Terms and & Conditions (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.THEOILCHEMIST.IN OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (COLLECTIVELY REFERRED TO AS “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF THE OIL CHEMIST ALLURE LLP, YOU, INCLUDING THE PERSONS WHO BROWSE OR THE PERSONS WHO ORDER THE PRODUCT, AGREE TO BE BOUND BY ALL OF THE T&CMENTIONED HEREUNDER.

This website is owned and operated by The Oil Chemist Allure LLP, a limited liability partnership firm, registered under the Limited Liability Partnership Act, 2008 and having its registered office at Shyam Tower, 03-319, Block DH-6/11, STREET NO. 319, Action Area 1D, Newtown, Kolkata, West Bengal 700156.

The terms “We” / “Us” / “Our”/”Business” individually and collectively refer to The Oil Chemist Allure LLP and the terms “Visitor”/ ”User” refer to the users.

This page states the T&C under which you (Visitor) may visit this website (“www.theoilchemist.in”). By mere accessing or using the website, you are acknowledging, without limitation or qualification, to be bound by these T&C, whether you have read the same or not. If you do not accept the T&C stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these T&C at any time by updating this posting. We reserve the right to change these T&C from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible and re-apprise yourself of the T&C, as the same is binding upon all the users of this website.

Only persons who can enter into a legally binding contract under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such transaction through their legal guardian or parents. If you represent a business, partnership firm or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity

The Business reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and you shall be bound by these T&C, as amended from time to time. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access our website or place an order.

You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website.

We reserve the right to block any user and permanently disable the user account if we believe in our sole discretion that action of such user has resulted in breach of these T&C.

 

PRODUCTS

The Website offers for sale certain products (“Products”). The Products may include trial and sample Products. By placing an order for the Products through the Website, you agree to the terms set forth in this T&C. The Products described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.

The Business may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.

If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.

OWNERSHIP OF RIGHTS

All text, images, programs, Products, processes, technology, content, logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing on this Website, except as otherwise noted, are properties either owned, or used under license, by the business and /or its associate entities who feature on the Website. The use of these properties or any other content on this Website, except as provided in these T&C or in the site content, is strictly prohibited. You may not sell or modify the content of the Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the Business’s written permission. The “The Oil Chemist” name and logo and all related Product and service names, design marks and slogans are the trademarks, logos or service marks of The Oil Chemist Allure LLP. The Oil Chemist Allure LLP expressly reserves all intellectual property rights in all text, images, programs, Products, processes, technology, content, logos, brands, marks, headings, labels, names, signatures, numerals, shapes or any combinations and other materials which appear on this Website. The use of these properties or any other content on this site, except as provided in these T&C or in the site content, is strictly prohibited.

Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of The Oil Chemist intellectual property rights. All rights, including copyright, in this website are owned by or licensed to The Oil Chemist.

ACCURACY OF CONTENT

All precautions have been taken by us to provide accurate data and information in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at the time of publishing and all Products have been fairly described.

The weights, dimensions and capacities given are approximate values only. We have made every effort to correctly display the colors of the Products that appear on the Website.

While describing our Products on our Website, we endeavor to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual Product.

USER CONTENT & LICENSE RESTRICTIONS

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Business or the applicable third party (if third party content is at issue).

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 written permission of the business and its licensors. You may not modify, distribute or re-post anything on this website for any purpose.

All the brand names owned and licensed to the Business are exclusive property of the Business, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. The Business has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or distributed by the Business in whole or in part or in any other form whatsoever. The Business also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its looks and feel. No trademark is granted in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered, are the intellectual property of the Business.

The Business is not responsible for any damages resulting from use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

By posting, storing, or transmitting any content on the Website, you hereby grant the Business a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, subject to the Business’s privacy policy. The Business does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The Business is not liable for any damage or harm resulting from any posts by or interactions between the users. The Business reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the Business deems objectionable. Under no circumstances will the Business be liable in any way for any user-generated content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user-generated content transmitted, uploaded, posted, emailed or otherwise made available via the Website. You hereby waive all rights to any claims against the Business for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user-generated content.

ORDERS & SHIPPING

All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer. Once your order has been placed, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

WEBSITE USAGE RESTRICTIONS

Visitors are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

(1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,

(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing”, “spamming” or “crashing”, or

(4) sending unsolicited electronic mail, including promotions and/or advertising of Products or services. Violations of system or network security may result in civil or criminal liability;

(5) forging any header or any part of the header information in any email or newsgroup posting;

(6) Violations of system or network security which may result in civil or criminal liability, threatens the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.;

(7) using any device, software or routine to interfere or attempt to interfere with the proper working of this Website; or

(8) using or attempt to use any engine, software, tool, agent or other device or mechanism.

The Oil Chemist Allure LLP or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

PRICING AND ORDERS

All prices listed on this Website of The Oil Chemist Allure LLP are listed at the Maximum Retail Price (MRP), inclusive of Goods and Services Tax (GST) at the applicable rates and/or all other taxes that may be levied by the Government from time to time.

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, The Oil Chemist Allure LLP shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched.

The Oil Chemist Allure LLP reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order on the website.

SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

The Oil Chemist Allure LLP may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to T&C of use, rules and/or policies in addition to or in lieu of these T&C; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate T&C of use, rules and/or policies.

On Special Offer Days: Any order that does not match all the conditions of the offer will be cancelled/unfulfillable on the discretion of the Business.

 

WARRANTIES

Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Business expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.

Without limiting the generality of the foregoing, the Business makes no warranty:

1. that the information provided on this Website is accurate, reliable, complete, or timely;
2. that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
3. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
4. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
5. regarding any Products purchased or obtained through the Website.

The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.

The Business shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Business does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.

INDEMNITY

The User unilaterally agrees to indemnify and hold harmless, without objection, The Oil Chemist, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their unauthorized use of www.theoilchemist.in or their breach of the T&C.

You will release, indemnify, defend and hold harmless the Business, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (a) this T&C or the breach of your warranties, representations and obligations under this T&C; (b) the Website content or your use of the Website content; (c) your use or misuse of the Products and our services (including trial Products); (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to the Business. When the Business is threatened with suit or sued by a third party, the Business may seek written assurances from you concerning your promise to indemnify the Business; your failure to provide such assurances may be considered by the Business to be a material breach of this T&C. The Business will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Business’s choice at its expense. The Business will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Business against any claim, but you must receive the Business’s prior written consent regarding the same, including for any related settlement. The T&C of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.

THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the The Oil Chemist Allure LLP Website. Links appearing on this Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, Product, service, or supplier.

In addition to making the Products available, the Website also offers information and marketing materials. The Website also offers information, both directly and through indirect links to third-party websites. The Business does not always create such information and the content published on the Website; instead, the information and content are often gathered from other sources. The Business does not endorse any such information or content and the Business expressly disclaims any and all liability in connection with the same. The Business is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content. To the extent that the Business does create the content on this Website, such content is protected by intellectual property laws of India. Any unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal and non-commercial use.

Any links to third-party websites are provided solely as a convenience to you. The Business does not endorse, affiliate, sponsor or recommend any such third-party websites. The Business is not responsible or liable for the content of or any damage or loss that may result from your access to or reliance on these third-party websites. You should always read the T&C and privacy policy of a third-party website before using it. If you access or use such third-party websites, you do so at your own risk.

LIABILITY

User agrees that neither The Oil Chemist Allure LLP nor its affiliates/associates, partners, officers or employee shall be liable for any direct and/or indirect and/or incidental and/or special and/or consequential and/or exemplary damages, resulting from the use and/or the inability to use the service and/or for cost of procurement of substitute goods and/or services or resulting from any Products and/or data and/or information and/or services purchased and/or obtained and/or messages received and/or transactions entered into through and/or from the service and/or resulting from unauthorized access to and/or alteration of user’s transmissions and/or data and/or arising from any other matter relating to the service, including but not limited to, damages for loss of profits and/or use and/or data or other intangible goods, even if The Oil Chemist Allure LLP has been advised of the possibility of such damages.

The User further agrees that The Oil Chemist Allure LLP shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental and/or special consequential and/or exemplary damages, whether such interruption and/or suspension and/or termination was justified or not, negligent or intentional, inadvertent or advertent.

The User agrees that The Oil Chemist Allure LLP shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall The Oil Chemist Allure LLP’s total liability to the User for all damages and/or losses and/or causes of action exceed the amount paid by the User to The Oil Chemist Allure LLP, if any, that is related to the cause of action.

You agree that, to the fullest extent permitted by applicable law, neither the Business nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third-party website links on the Website; € viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Business. We make no representations or warranties that defects or errors will be corrected.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall The Oil Chemist Allure LLP or any parties, organizations or entities associated with the corporate brand name, or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

TERMINATION

These T&C are effective unless and until terminated by either you or The Oil Chemist Allure LLP. You may terminate the T&C at any time, provided that you discontinue any further use of this Website. The Oil Chemist Allure LLP may terminate the T&C at any time and may do so without notice, and accordingly deny you access to the Website; further, such termination will be without any liability to the Business.

We reserve the right to refuse service and/or terminate accounts without prior notice if the T&C are violated or if we decide, in our sole discretion, that it would be in the Business’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 

FORCE MAJEURE

The Business will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan Horse or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.

 

GOVERNING LAW AND JURISDICTION

This T&C shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Kolkata without regard to its conflict of law principles to the contrary. Neither you nor the Business will commence or prosecute any suit, proceeding or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, other than in courts located in the State of West Bengal. By using this Website or ordering Products, 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 this T&C.

 

ASSIGNMENT

You may not assign your rights and obligations under this T&C to anyone. The Business may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.

 

SURVIVAL

If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

By using this Website or ordering Products from this Website, you agree to be bound by this T&C.