TERMS AND CONDITIONS
Welcome to www.popgoestheart.com brought to you by Pop Goes the Art (the “Company”, “We”). www.popgoestheart.com (the “Site”) allows you to browse, select and purchase personalised and non personalised items for babies, children, parents and maternity (collectively "Process”). However, before you enter the website or use any of the www.popgoestheart.com services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. We suggest you periodically check this page to make sure you are up to date. By entering and using the site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and www.popgoestheart.com that you will use the Service only in a manner consistent with these Terms. Your use of the site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
Www.popgoestheart.com provides users with access to personalised and non personalised baby, children, parents’ and maternity products that can be purchased at the price mentioned on the site.
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is usually a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
USE OF THE WEBSITE
User must agree that he/she will make only lawful use of the Site, and will use the Site only in compliance with all state and local laws and regulations. Www.popgoestheart.com may change, suspend, discontinue or remove any aspect of the site at any time, without prior notice, including the availability of any site feature, services or content or any material you have published. Www.popgoestheart.com may restrict your access to certain features, Services or content at any time, without prior notice. User must represent that he/she is of legal age to form a binding contract and is not a person barred from receiving services under the laws as applicable in India. User must also agree to provide true, accurate, current and complete information about themselves, as prompted by the Site's registration form. If the user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. The user shall ensure that his/her data is not accessible by third parties and is liable for all transactions and other activities carried out under its account. At the end of each online session, the user shall log-off from the website. If and to the extent the user becomes aware that third parties are misusing his/her data the user shall notify www.popgoestheart.com thereof without undue delay in writing, or, as the case may be, by e-mail. In the event that the User’s telephone, computer hardware or any other equipment is damaged resulting from the use of the Site, the Company shall not be liable
Belongs to another person and to which He/she does not have any right to
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, or otherwise unlawful in any manner whatever
Harm minors in any way
Infringes any patent, trademark, copyright or other proprietary rights
Violates any law for the time being in force
Deceives or misleads the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
Impersonates another person
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
If a User partakes in any of the above, the Company is entitled at any time and without obligation to give reasons, to deny the User the right to access the Site.
Www.popgoestheart.com sells products on the Site under the brand name ‘Pop Goes the Art’. The website reserves the right to make changes to the prices of the products at any time without prior notification and/or remove any products from the website.
While the Company has made every effort to display the products and the product colours as accurately as possible on the Site, we cannot guarantee that your monitor or screen’s display of colour will be completely accurate. In the event that a particular colour or material is not available, the Company will contact the customer and inform him/her. If the difference is negligible, order will be processed as usual. In the case of personalised products, the final look often depends on the content provided by the customer. If there is any discrepancy in the look due to customisation, the Company shall not be responsible.
Www.popgoestheart.com strives to provide users with the best prices possible on products and/or services. Prices and availability are subject to change without any prior notice. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion. While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Payments on www.popgoestheart.com can be made through Credit Card, Debit Card or Net Banking. Please refer our FAQs for further information.
CREDIT CARD DETAILS
User understands and confirms that the credit card details provided for availing of services on the Site will be correct and accurate and he/she shall not use the credit card which is not lawfully owned by them or in their name. User further agrees and undertakes to provide the correct and valid credit card details. The company has taken reasonable care to make the website secure. All credit / debit card transactions on the site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Credit card information will not be utilized, stored and/or shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
CANCELLATION OF ORDER BY THE COMPANY
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
CANCELLATION OF THE ORDER BY USER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. If an order has been processed and/or put into production, it cannot be cancelled. The Company has the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
FRAUDULENT / DECLINED TRANSACTION
Users with more than one account or availing our services / discount fraudulently shall be liable for legal action under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from the person using the Site fraudulently. We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
LICENSE AND OWNERSHIP
Www.popgoestheart.com grants you a limited, personal, nontransferable, non-sub licensable, revocable license to (a) access and use only the site, content and services only in the manner presented by www.popgoestheart.com, and (b) access and use the www.popgoestheart.com computer and network services offered within the site only in the manner expressly permitted by www.popgoestheart.com.
The Site may contain hyperlinks to the web pages of third parties. Www.popgoestheart.com shall have no liability for the contents of such web pages and does not make representations about or endorse their content as its own. The use of such web pages shall be at the sole risk of the user.
LIMITATION OF LIABILITY
Except to the extent required by applicable law and then only to that extent, in no event will www.popgoestheart.com, its employees, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the site or Services (or the termination thereof for any reason), even if www.popgoestheart.com has been advised of the possibility of such damages. The site shall not be responsible or liable whatsoever in any manner for any content posted on the websites (including claims of infringement relating to content posted, or for the conduct of third parties).
DISCLAIMER OF WARRANTIES
Www.popgoestheart.com makes no representations about the results to be obtained from using the website, the services, the information or the content. No data transmission over the Internet can be guaranteed to be 100% secure. While the Company makes best efforts and uses latest technology to ensure privacy of data, the use of the site is at users own risk. The website, the information, the services and the content are provided on an "as is" basis. Www.popgoestheart.com, its licensors, and its affiliates, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Www.popgoestheart.com and its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website.
User shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
The price of our merchandise is inclusive of the SGST and CGST. The GST charged shall depend upon the tax liability of the individual product. We reserve the right to collect taxes for shipping charges wherever applicable. The user shall bear all taxes, levies, or duties imposed by taxing authorities, and the user shall be responsible for payment of all such taxes, levies, or duties.
The Terms will be construed according to laws of Republic of India, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Content, the use of the site, or any services obtained using this site, will be resolved exclusively by the courts at Mumbai, India. Use of the site constitutes user’s consent to the jurisdiction and venue of such courts with respect to any such dispute. User may not assign these Terms or any interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.