www.85Lansdown.com (the "Web site") is owned and operated by New India Retailing & Investment Limited under the brand ‘85 Lansdown’ having its registered office at 9/1, R N Mukherjee Road, Kolkata 700 001.
1. LICENSE AND SITE ACCESS
All users of this Website agree that their access to and use of this web site are subject to the terms and conditions set forth in these Terms and Conditions and all applicable Indian laws, and that any such access or use is undertaken at the Customer’s/user's (both hereinafter addressed as "Customer") own risk. These terms and conditions are further subject to change at any time without prior notice. Any such changes will be reflected on the Website.
By visiting/using this Website and/or making a purchase from the Website, the User/Customer has unconditionally accepted the terms and conditions of use as given hereunder and/or elsewhere in the site besides understanding and agreeing that the Website may share information about the Customer and the transaction with other companies for the purposes, amongst others, of processing the Customer’s transaction or for fraud prevention, sourcing goods/services from the designer, shipping and credit card authorization. 85 lansdown as a reasonable and responsible 85 lansdown shall on best effort basis try to maintain , the privacy of confidential and personal information of the Customer which has been provided by the Customer to 85 Lansdown through the Website. 85 Lansdown and/or the Website however, shall not be responsible for any appropriation or hacking of the information involving the Customer’s financial information/transactions through illegal means/acts 85 Lansdown did not authorise and/ or have any knowledge of and/or through any other criminal/fraudulent means of whatsoever nature .
The Customer is granted a limited license to access and make personal use of the Website and not to download or modify the Website, or any portion of it, except as stated herein or with prior express written consent of 85 Lansdown. This license does not include any authorization for (including but limited to) resale or making commercial use of the Website or - its contents; or for making any collection and use of any product listings; descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools by the user thereof. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of 85 Lansdown. The Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video clips or form) of 85 Lansdown or the Website without express written consent of 85 Lansdown. The Customer should not use any meta tags or any other "hidden text" utilizing 85 Lansdown’s name or trademarks whether or not registered without the express and prior written consent of 85 Lansdown. Any unauthorised use shall terminate the permission or license granted by 85 Lansdown in addition to the 85 Lansdown’s right to take such actions as it deems fit to preserve and protect its rights. The Customer is expressly forbidden to use any of 85 Lansdown’s logo, copyrighted material or other proprietary graphic or trademark as part of any link without prior express written permission of 85 Lansdown.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
Registering at and using the Website shall involve the Customer setting up an account of his/her own in the Website and self creating a password for the purpose of placing an order and/ or his/her convenience of frequent use of the Website. The Customer is fully responsible for maintaining the confidentiality of his/her account and the password, restricting unauthorised access to his/her account, and all activities that occur under the account including but not limited to being responsible for any orders placed through the said account. The Customer agrees to immediately notify 85 Lansdown in his/her own interest of any unauthorised use of the account or password and any breach of security or misuse or suspected breach of security or misuse of the service. The Customer shall ensure that he/shall successfully exits from his account at the end of each session. 85 Lansdown cannot and will not be liable for any loss or damage arising out of the Customer’s failure to comply with this Clause and/or other general safety measures to protect his/her account from unauthorized/fraudulent use by others. The Customer expressly agrees that 85 Lansdown does/can not have any access to the login ID or password of any of the user of the Website.
85 Lansdown reserves the right to refuse the service of, terminate, remove an account and/or edit its content at its sole discretion.
3. ORDER PROCESS
Any order placed on this website will be subject to acceptance in accordance with these Terms and Conditions.
Non-acceptance of the Customer’s order may be due to any one or more of the following non-exhaustive reasons:
i. The merchandise ordered/ the requisite size/colour of the ordered merchandise being out of stock;
ii. 85 Lansdown’s inability to obtain authorization for Customer’s payment;
iii. Error in identification of pricing or description of the product;
iv. System or procurement failure;
v. Failed Customer validation checks.
When a Customer shall place an order on the website after making payment of the ordered merchandise in accordance with the prices published on the Website through a properly validated credit card payment the Website/ 85 Lansdown shall send an auto generated email to the Customer confirming the merchandise ordered by the Customer and accepted by 85 Lansdown for the purpose of better clarity. The Customer shall be expected to re-confirm the merchandise ordered by sending a return mail/ticking the specially devised box for the purpose. While the oversees Customers shall also pay for freight to be calculated through the calculator provided on the Website along with the price of the ordered merchandise (import duties in accordance with the laws and practices of the country of import shall be paid by them directly) the domestic customers shall pay the freight to the carrier of the consignment.
The contract of sale between the Customer and 85 Lansdown shall be complete upon dispatch of the ordered merchandise by 85 Lansdown to or to the order of the Customer. While it will be endeavor of 85 Lansdown to dispatch the ordered merchandise not later than • days from the date of receipt of order re-confirmation e mail from the Customer any delay in doing so for reasons beyond the control of 85 Lansdown with due notice to the Customer shall not be treated as a material breach of the contract by 85 Lansdown. 85 Lansdown reserves the right to dispatch multiple orders separately though not obliged to do so. Further, 85 Lansdown reserves the right to refuse service or cancel orders in their sole discretion.
The Prices of the merchandise displayed on the website is mentioned underneath the concerned merchandise and displayed in Indian currency. A calculator is provided in the Website itself to convert the Prices of the merchandise expressed in Indian currency into identified foreign currencies. The use of the calculator is at the Customer’s own risk. 85 Lansdown will not be responsible for any discrepancy in the exchange rate or the converted amount the Customer may find at any point. Except where noted otherwise, the Prices displayed for the merchandise on the website represents the full retail price listed on the merchandise. The displayed price may or may not represent the prevailing price in other shops/ websites of the virtually same/similar merchandise. The displayed prices are exclusive of any government impositions and levies including but not limited to VAT, Octroi, Service Tax which will be realisable from the Customer on actual basis and as per the rates prevailing at the time of dispatch of the ordered merchandise.
5. SALES RETURN POLICY
Merchandise once sold will not ordinarily be accepted back as sales return nor will any exchange be permitted in relation thereto. However, in case of receipt of merchandise by the Customer which does not correspond to the order placed on account of it being either the wrong piece of merchandise or wrong size of the merchandise shipped to the Customer, the concerned merchandise may be returned to 85 Lansdown. For removal of doubt it is clarified that if the Customer receives the merchandise which is of the same size as ordered but when tried on the body of the Customer the same is not found to be suitable, the merchandise will not be considered as of wrong size or description and accordingly shall not enjoy the benefit of the exchange or credit scheme specified hereinafter. To make such merchandise qualify for return the Customer shall within 3 days fill a Merchandise Return Request Form displayed on the Website and send the same to 85 Lansdown only through gateway/window provided on the Website. Only upon acceptance of the Merchandise Return Request Form by 85 Lansdown the merchandise must be returned togaether with all tags supplied there along within 2 days of such acceptance. At any rate, whether or not the merchandise received by the Customer qualifies for the return in terms of this Clause shall be decided at the sole discretion of 85 Lansdown having due regard to the description of the ordered merchandise, the order or serial number (if any) and the consideration of information contained in the Merchandise Return Request Form filled in by the Customer. Credit (and no cash refund under any circumstances) for all such returns will be given only upon full satisfaction of 85 Lansdown about the original state (including the fact of non use of the merchandise) of the returned merchandise in which it was shipped to the Customer and such other eligibility norms as may be decided by 85 Lansdown from time to time. Credit for such returns allowed by 85 Lansdown shall be availed by the Customer by utilizing the same towards the next purchase of merchandise of same or higher value displayed on the Website at any time within three months of the date of such credit. Only and only if the desired product is not available with 85 Lansdown and displayed on the Website will the cash be refunded to the Customer after expiry of the credit period of three months.
6. PRESUMPTION ON PLACEMENT OF ORDER BY THE CUSTOMER
It will be presumed, unless the contrary is proved, that before placing any order in relation to any of the merchandise displayed on the Website the Customer either on the basis of information and data available thereat or otherwise, has satisfied himself/herself about all the issues connected with or related to the ordered merchandise including but not limited to the pricing, suitability for the user, quality, name and competence of the designer. No claim with regard to these issues shall under any circumstances be entertained by the Website and/or 85 Lansdown.
Any order placed through a Customer’s account will be presumed to have been validly placed by such Customer.
7. RISK OF LOSS OF ITEMS IN TRANSIT
All items purchased from the Website are made pursuant to and subject to a shipment contract. This means that the risk of loss and title for such items passes unto the Customer concerned immediately upon 85 Lansdown entrustment of the merchandise to the common carrier for and on behalf of the Customer concerned for the purpose of transportation to the place of the Customer. The Customer specifically understands and agrees to this shipment policy of 85 Lansdown displayed on this Website. Claim for loss or pilferage, if any, of the shipped merchandise shall always be between the Customer and the carrier concerned.
8. INTELLECTUAL PROPERTY
All the contents of this Website, including but not limited to the text (including these terms and conditions), graphics, logos, button icons, images, audio clips, digital downloads, videos, data compilations, codes, software, and the arrangement or integration of all such content and code is and shall always remain the property of 85 Lansdown and those of the products displayed therein of the Designer concerned - and are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses (whether registered or not) held by or belonging to 85 Lansdown and/or Designer concerned. Other trademarks, product names, copyrighted material and company names or logos used on this Website are and shall always remain the property of their respective owners.
Permission is granted to electronically copy and print hard copies of pages from this Web site solely for the specific personal purpose related to the placement of an order by the person so copying on 85 Lansdown or for electronic shopping through the Website. Except as expressly authorised by 85 Lansdown in advance, the misuse of any copyrighted material, trademarks, trade names, trade dress, logos, images, graphics or any other content from this Website is strictly prohibited.
The Website and 85 Lansdown reserve their rights to take such actions as they deem fit to protect their rights in their respective intellectual properties.
9. ELECTRONIC COMMUNICATIONS
When a Customer visits the Website or sends e-mails to the Website and/or to 85 Lansdown, he/she is communicating electronically and consents to receiving communications from 85 Lansdown electronically. The Website and 85 Lansdown will communicate with the Customer through e-mail or by posting notices on this Website unless 85 Lansdown decides for operational convenience to communicate with a Customer through normal mail/ paper correspondences. Irrespective of the fact that the address of the Customer is available with 85 Lansdown the Customer specifically agrees that all agreements, notices, disclosures and other communications that is and will be provided electronically or posted on the website by or on behalf of 85 Lansdown satisfy all legal requirements making it mandatory that any such communications be reduced in writing including but not limited to those needed for concluding a binding contract or providing any notice for arbitration or for any other purpose under the contract of sale.
10. LINKING TO WEBSITE
The Customer must not establish any link to this website either to suggest any form of association with or approval or endorsement of the Websites so linked.
11. CUSTOMER'S SUBMISSIONS OF INFORMATION
The Website and 85 Lansdown do not wish to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order placed on 85 Lansdown through this Website). Any information, materials, suggestions, ideas or comments sent to the Website will be deemed to be impersonal and non-confidential. By submitting any such information, the Customer shall be deemed to have granted to the Website and 85 Lansdown an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever.
This Website, and any information or content on this Website, is provided on "as is" and "best efforts" basis. Though 85 Lansdown attempts to be as accurate as possible, 85 Lansdown does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. 85 Lansdown makes no representations or warranties of any kind, whether express or implied, with respect to this Website or any content or information available on or through this website. Further, the Website and 85 Lansdown disclaim all representations and warranties, expressed or implied, with respect to such information, services and merchandise including but not limited to warranties of merchantability, usability or fitness for a particular purpose or for the size of a particular person, freedom from computer virus, and other implied warranties arising out of and in course of dealing with the Website. This Website may contain typographical errors or inaccuracies or may not be complete or current. 85 Lansdown therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies, or omissions may relate to pricing and availability, and 85 Lansdown reserves the right to accept or cancel or refuse to accept or cancel any order placed based on incorrect pricing or information.
13. LIMITED LIABILITY OF THE 85 LANSDOWNE
Except as otherwise provided under applicable laws, neither the Website nor 85 Lansdown's, nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns , shall be liable for any damages whatsoever arising out of or related to the use of this Website by the user thereof or any other Website linked to this Website. This limitation of liability applies to all direct, indirect, consequential, special, punitive, or other damages the Customer or any person calming under him/her may suffer, as well as to all damages for lost profits, business interruption or the loss of data or information, even if 85 Lansdown is notified in advance of the potential for any such damages. In addition, the Website does not represent or warrant that the information accessible through this website is accurate, complete, current or describes in full all the qualitative aspects of the merchandise.
In any event, the maximum liability the Website or 85 Lansdown may incur for any reason is the cost of the merchandise ordered.
The Website/85 Lansdown may change these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remainder of the Terms and Conditions which shall continue to have full force and effect.
85 Lansdown will not be responsible for any delay or failure to comply with their obligations under these Terms and Conditions if the delay or failure arises from any cause beyond the reasonable control of 85 Lansdown.
85 Lansdown reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
Entire Agreement - These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the Customer and the Website. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of New India Retailing & Investment Limited.
15. DISPUTES & GOVERNING LAWS.
Any dispute or difference of any kind whatsoever arising out of or in connection with the use and access of this website including any disputes regarding the validity of this arbitration agreement shall be referred to and finally resolved by Arbitration under the rules and procedures of The Arbitration & Conciliation Act, 1996 of India and in accordance with other laws of India.
For the purpose of this Arbitration a dispute shall be deemed to have arisen when one party serves a notice in writing to the other party stating the nature of dispute and quantifying his/her claim. A sole arbitrator shall be appointed by 85 Lansdown at its sole discretion for the purpose of this Arbitration and the Customer shall have no objection to such appointment even if the Arbitrator is connected in any way-gainfully or otherwise to the Website or 85 Lansdown. The proceedings in the Arbitration shall be conducted in English. The Arbitration Award shall be final and binding on the parties, and the parties agree to be bound thereby and to act accordingly. The seat of Arbitration shall be Kolkata, India.
For the purpose of invocation of arbitration – the written notice as stated above will be served by the party raising the dispute and invoking this Arbitration Clause in paper/physical form only to the other Party. The Customer may be served the notice at the address available with the Website/ 85 Lansdown. In the event of non availability of such physical address the notice can be served electronically to the Customer’s email id which has been provided to the Website and/or 85 Lansdown. Further, if the invocation of the Arbitration clause is made by 85 Lansdown then the notice shall also state the name of the sole arbitrator that has been appointed by 85 Lansdown. If the invocation of the arbitration is made by the Customer, then he may serve the notice at the following address-
The Company Secretary
New India Retailing & Investments Limited
9/1, R N Mukherjee Road
Kolkata 700 001
In this case, the notice shall request 85 Lansdown to appoint the sole arbitrator.
16. GOVERNING LAW
The laws of India shall be the governing laws for the purpose of these terms and conditions and the Courts of Calcutta, India shall have exclusive jurisdiction for the purpose of resolving any dispute under these terms and conditions.