TERMS & CONDITION

Welcome to Guavashoes.com  

1.Introduction

Guavashoes.com provides their services to you subject to the terms and conditions given here under.  

This website is owned and operated by Guava Shoes. Registered office: B 8A,Sector 34,Noida, 201301,Uttar Pradesh.ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email us at care@guavashoes.com or call us on(0120) 4235286

Guavashoes has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. Guavashoes shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

 2. User(s) Membership Eligibility

Our Services can be availed through our Website and is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.  

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Guavashoes.com you agree to be bound by the Terms and Conditions.

 3. Account and Registration Obligations

Your Information is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature or a written letter or form mailed or submitted to our office. We will protect your Information in accordance with our Privacy Policy . If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Guavashoes shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately through the address provided in the beginning of this agreement. If Guavashoes reason to believe that there is likely to be a breach of security or misuse of the Guavashoes Website, we may require you to change your password or we may suspend your account without any liability to Guavashoes. 

We do not want to receive confidential, proprietary or trade secret information through our Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Guavashoes will be deemed non-confidential. By submitting any such information, you are granting Guavashoes irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.  

We seek your agreement and confirmation on the below:

To provide true, accurate, current and complete information about you as prompted by Guavashoes registration form.

To maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Guavashoes for re-delivery shall be claimed from you and you shall pay such cost.

That you will use the services provided by Guavashoes, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.

That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.

You agree to recieve the SMS from Guavashoes.com including payment notificatioin, shipping notification , delivery notification and promotional sms.  

4. Ownership of rights

All rights in this website are owned by or licensed to Guava Shoes. 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 permission of Guava Shoes. You may not modify, distribute or re-post something on this website for any purpose.The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use Guava Shoes does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.  

5. Website Usage Restrictions 

You shall not use the Website for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorised access to other computer systems.

Interfering with any other person's use or enjoyment of the Website.

Breaching any applicable laws; Interfering or disrupting networks or websites connected to the Website. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

6. Pricing Information

 Though we at Guavashoes.com always strives to provide accurate product and pricing information, pricing or typographical errors may occur. Guavashoes.com cannot confirm the price of a product until after you order. 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, Guavashoes.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Guavashoes.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Guavashoes.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Guavashoes.com accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Guavashoes.com 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 / debit card account.

We strive to provide you with best value. However, sometimes a price online may not match the price in a store in your particular geographic region and store price may sometimes differ from online prices. Prices and availability are subject to change without notice.  

7. Order Cancellation by Guavashoes.com

All order cancellations will be handled as per our Standard Cancellation Policy. Guavashoes.com does not accept returns or exchanges of jewellery, and any made to order or altered merchandise.

8. Returns/Exchange at Guavashoes.com:

All returns will be handled as per our standard Returns Policy  

9. Financial Details

We assume that you agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on Guavashoes.com will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not stored by Guavashoes.com. Guavashoes.com will not be liable for any credit / debit 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. All information collected by us shall be governed as per our Privacy Policy.  

10. Fraudulent /Declined Transactions

Guavashoes.com and its associated acquiring bank or financial institutions reserve the right to recoverlawyer’s fees, collection charges and the cost of goods from persons using the Website fraudulently. Guavashoes.com and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.  

11. Colors

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.  

12. Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Guavashoes.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website shall be and remain Guavashoes.com property. Guavashoes.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.

13. Indemnity

You agree to defend, indemnify and hold harmless Guavashoes.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Guavashoes.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.  

14. Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.

 The Website provides content from other Internet websites or resources and while Guavashoes.com tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case Guavashoes.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. 

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. 

Without prejudice to the generality of the section above, the total liability of Guavashoes.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.

15. Website Security

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

Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

 Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing.'

Sending unsolicited email, including promotions and/or advertising of products or services; or

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Guavashoes.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Guavashoes.com on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).  

16. Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Guavashoes.com with respect to the Guavashoes.com websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Guavashoes.com with respect to the Guavashoes.com websites/services. Guavashoes.com failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.  

17. Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy .  

18. Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Noida shall have exclusive jurisdiction in any proceedings arising out of this agreement.

19. Modification of Terms and conditions of Service

Guavashoes.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Guavashoes.com. You can access the latest version of the User Agreement at any given time on Guavashoes.com. You should regularly review the User Agreement on Guavashoes.com. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement. ?