Terms & Conditions
Welcome to the Clay of Heaven Website, www.clayofheaven.com
Clay of heaven provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before using the Website. If you do not agree to these Terms and Conditions, please do not use our Website.
IMPORTANT NOTICE:
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS REGARDING DISPUTE RESOLUTION BETWEEN YOU AND US. THIS INCLUDES A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THESE PROVISIONS CAREFULLY BEFORE USING THIS WEBSITE.
1. PRIVACY
Please review our Privacy Policy which also governs your visit to the Website, for details about what information we collect and how we use it. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our Privacy Policy.
2. TERMS OF SALE; SHIPPING & RETURN POLICY
Despite our efforts, occasional pricing errors may occur on the Website. Possession of, or access to, the Website does not constitute the right to purchase products featured. Clay of Heaven is not responsible for typographical or pricing errors. Clay of Heaven reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No Clay of Heaven employee or agent has the authority to vary any of these terms and conditions governing any sale.
Clay of Heaven sells and ships products to end user customers only through our Website, and Customer Service Call Center. You may not purchase for resale.Clay of Heaven reserves the right, with or without notice, to reduce the quantity of any order to be fulfilled or to refuse or cancel your order if we suspect you are purchasing for resale or are not the authorized buyer.
Please review our Shipping and Returns policies, which govern any purchases made on the Website, to ensure that you fully understand our sales practices.
3. PROMOTIONS
Promotions cannot be combined with any other offers or discounts. Offers are not valid on prior purchases. We may restrict promotion redemption to one per client or one per order. Please note, excessive misuse of promotions and codes may result in order or item cancellation.
4. WEBSITE INTENDED AUDIENCE
This Website is not intended for anyone under the age of 18. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.
5.ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.
6. INTELLECTUAL PROPERTY
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Clay of heaven, our affiliates, partners or licensors, and is protected by India and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Clay of heaven, our affiliates, partners or licensors, in the India and other countries, and are protected by Indian trademark laws and International trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our India office at the address specified below.
Clay of Heaven
17, BHARAT MATA PATH , JAMLA
LAL BAJAJ MARG, C-SCHEME
JAIPUR , RJ (INDIA) - 302001
7. ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
8. YOUR ACCOUNT
You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in ‘Clay of Heaven’ best interests to do so.
9. SEVERABILITY
If any provision in these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms and Conditions shall remain in effect.
10. 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.
11. General
By using this Site, you agree to all the terms and conditions of the website and that you grant us the power to govern your conduct in any manner if we suspect you of not abiding by the rules mentioned.
We hold the right to change, modify and update these terms and conditions at any time. Your use of this website after revising the terms and conditions shall constitute your compliance with the changed terms and conditions.
12. ENTIRE AGREEMENT
This Agreement represents the complete agreement between the parties regarding the website and supersedes all prior agreements and understandings.
13. GOVERNING LAWS AND JURISDICTION
This T&C shall be construed in accordance with the applicable laws of India and governed by the laws of the State of Rajasthan, without regard to its conflict of law principles. Both you and the Company agree not to initiate or pursue any suit, proceeding, or claim to enforce the provisions of this T&C, recover damages for any breach or default, or for any other reason arising under or related to this T&C, except in the courts located in Jaipur, Rajasthan. By using this Website or ordering Products, you consent to the jurisdiction and venue of the courts in Jaipur for any action, suit, proceeding, or claim arising under or related to this T&C.
14.Force Majeure:
The Company 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 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.