Terms & Conditions
SALE
1. Sale and Purchase of Goods
Mysore Silk Palace ("Seller") hereby agrees to sell, and You ("Buyer")
hereby agree to purchase, goods of the description and quantity
described on the checkout window ("Checkout") and incorporated
herein by this reference ("Goods") on the terms and conditions set
forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this
website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer
according to the payment due date stated at Checkout. In addition,
Seller shall have the right to pursue any remedies available at law or as
provided herein and shall be entitled to reimbursement from Buyer for
Seller's costs of collection, including attorney fees, legal fees and costs
and disbursements, if any.
4. Delivery
Unless otherwise agreed in writing, delivery shall be made in
accordance with Seller's shipping policy in effect on the date of
shipment. Delivery dates provided by Seller are estimates only. Seller
will make reasonable efforts to deliver in accordance with such dates;
however, Seller will not be liable for failure to deliver as estimated.
Unless otherwise agreed in writing by Seller, Goods shall be packaged
according to Seller's standards and practices.
5. Customs, Duties, and Taxes
The recipient is responsible for assuring that the product can be
lawfully imported to the destination country. When ordering from
mysoresilkpalace.com, the recipient is the importer of record and must
comply with all laws and regulations of the destination country. Orders
that are shipped to countries outside of India may be subject to import
taxes, customs duties and fees levied by the destination country. The
recipient of an international shipment may be subject to such import
taxes, customs duties and fees, which are levied once a shipment
reaches the destination country. Additional charges for customs
clearance must be borne by the recipient; we have no control over
these charges and cannot predict what they may be. Customs policies
vary widely from country to country; the recipient should contact their
local customs office for further information. When customs clearance
procedures are required, it can cause delays beyond our original
delivery estimates.
Customs, duties and taxes may be collected from the recipient by the
carrier after paying it to the local customs office on recipient's behalf.
Similarly, Octroi charges, as applicable, will be collected by the carrier
from the consignee (recipient).
The recipient will submit social security number, tax ID or any such
proof of address or business as required by their customs office to
have the shipment cleared.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that
the Goods will be fit for any particular purpose for which Buyer may be
buying the Goods, except as otherwise provided in this Agreement, and
Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF
WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER
AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO
BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE
GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR
SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO
PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD
PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY
CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY,
NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,
PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY
LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL
PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE
TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF
ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE
PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY
BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH
RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER
AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD
HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR
COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF
PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY
OF THE GOODS.
7. Colour Disclaimer
The colours of products you see on computer screen will vary slightly
from those of the actual product. This is because of the difference in
underlying technologies of computer monitors and fabric; monitors
that are not properly calibrated also add to the difference in colours. In
addition, the lighting used while taking photographs also factor in the
final colour shown on the screen.
8. Force Majeure
Seller shall not be held responsible for any failure of performance to
make timely delivery of all or any part of the Goods in the event such
failure was due, in whole or in part, to federal, provincial or municipal
action, statute, ordinance or regulation, strike or other labor trouble, fire
or other damage to or destruction of, in whole or in part, the Goods or
the manufacturing facility for the Goods, the lack of or inability to
obtain raw materials, labor, fuel, electrical power, water or supplies, or
any other cause, act of God, contingency or circumstances not subject
to the reasonable control of Seller, which causes delays or hinders the
manufacture or delivery of Goods. Seller shall determine in good faith
the extent to which it can reasonably control a cause, contingency, or
circumstance that affects the performance of its obligations.
9. General
Buyer may not assign this Agreement without Seller's written consent.
Seller is the sole intended beneficiary of this Agreement. If there is any
inconsistency between this Agreement and any other agreement
included with or relating to the Goods, this Agreement shall govern.
This Agreement may not be modified, altered or amended without the
written agreement of Seller. Any additional or altered terms attached to
any order submitted by Buyer shall be null and void, unless expressly
agreed to in writing by Seller. If any term of this Agreement is illegal or
unenforceable, the legality and enforceability of the remaining
provisions shall not be affected or impaired. This Agreement shall be
interpreted under the laws of the Karnataka, INDIA, without giving
effect to conflicts-of-law rules; and in the event of a dispute under this
Agreement; Buyer submits to the exclusive jurisdiction and venue of
the jurisdiction of Bengaluru and hereby waives any objection to such
jurisdiction and venue.
WEB SITE TERMS AND CONDITIONS OF USE
1. TERMS
By accessing this web site, you are agreeing to be bound by these web
site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable
local laws. If you do not agree with any of these terms, you are
prohibited from using or accessing this site. The materials contained in
this web site are protected by applicable copyright and trade mark law.
2. USE LICENSE
Permission is granted to temporarily download one copy of the photo
on Mysore Silk Palace's web site for personal, non-commercial
transitory viewing only. This is the grant of a license, not a transfer of
title, and under this license you may not: modify or copy the images;
use the images for any commercial purpose, or for any public display
(commercial or non-commercial); attempt to decompile or reverse
engineer any images contained on Mysore Silk Palace's web site;
remove any copyright or other proprietary notations from the images;
or transfer the images to another person or "mirror" the images on any
other server. If you violate any of these restrictions Mysore Silk Palace
has full rights to take legal action against you.
3. DISCLAIMER
The materials on Mysore Silk Palace web site are provided "as is".
Mysore Silk Palace makes 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. Further, Mysore Silk Palace does not warrant
or make any representations concerning the accuracy, likely results, or
reliability of the use of the materials on its Internet web site or
otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS
In no event shall Mysore Silk Palace or its suppliers be liable for any
damages (including, without limitation, damages for loss of data or
profit, or due to business interruption,) arising out of the use or inability
to use the materials on Mysore Silk Palace's Internet site, even if
Mysore Silk Palace or a Mysore Silk Palace authorized representative
has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied
warranties, or limitations of liability for consequential or incidental
damages, these limitations may not apply to you.
5. REVISIONS AND ERRATA
The materials appearing on Mysore Silk Palace's web site could
include technical, typographical, or photographic errors. Mysore Silk
Palace does not warrant that any of the materials on its web site are
accurate, complete, or current. Mysore Silk Palace may make changes
to the materials contained on its web site at any time without notice.
Mysore Silk Palace does not, however, make any commitment to
update the materials.
6. LINKS
Mysore Silk Palace has not reviewed all of the sites linked to its
Internet web site and is not responsible for the contents of any such
linked site. The inclusion of any link does not imply endorsement by
Mysore Silk Palace of the site. Use of any such linked web site is at the
user's own risk.
7. SITE TERMS OF USE MODIFICATIONS
Mysore Silk Palace may revise these terms of use for its web site at
any time without notice. By using this web site you are agreeing to be
bound by the then current version of these Terms and Conditions of
Use.
8. GOVERNING LAW
Any claim relating to Mysore Silk Palace's web site shall be governed
by jurisdiction of Bengaluru without regard to its conflict of law
provisions. General Terms and Conditions applicable to Use of a Web
Site.
