Terms & Conditions

Welcome to Succulentfactory.com  SUCCULENT
FACTORY and/or its affiliates provide website features and other products and
services to you when you visit or shop at Succulent Factory , use SUCCULENT
FACTORY products or services, or use the software provided by SUCCULENT FACTORY
in connection with any of the foregoing. SUCCULENT FACTORY provides the
Services subject to the following conditions. This user agreement (“Terms and
Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or
“End User” or “your” or “Buyer” or “Customer” or “Registered User”) and SUCCULENT
FACTORY (“Company” or “us” or “we” or “Succulent Factory ”). This document is
an electronic record in terms of the Information Technology Act, 2000 and rules
there under as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require
any physical or digital signatures. Notwithstanding anything contained or said
in any other document, if there is a conflict between the terms mentioned
herein below and any other document, the terms contained in the present T&C
shall alone prevail for the purposes of usage of the Site.

PRIVACY

We view the protection of your privacy as a very important principle. We
understand clearly that You and Your Personal Information is one of our most
important assets. We store and process Your Information including any sensitive
financial information collected (as defined under the Information Technology
Act, 2000), if any, on computers that may be protected by physical as well as
reasonable technological security measures and procedures in accordance with
Information Technology Act 2000 and Rules thereunder. If you object to our
current Privacy Policy and your information being transferred or used in this
way please do not use the Website.

ELECTRONIC COMMUNICATIONS

When you use any of our Services or send e-mails to us, you are
communicating with us electronically. You by using our services consent to
receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site or through other Services. You agree
that all agreements, notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. The legal requirements would be in conformity
with the Indian Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any
proprietary material owned by a third party and so expressly mentioned, SUCCULENT
FACTORY owns all Intellectual Property Rights to and into the Website,
including, without limitation, any and all rights, title, and interest in and
to copyright, related rights, patents, utility models, trademarks, trade names,
service marks, designs, know-how, trade secrets and inventions (whether
patentable or not), goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree that you shall not
use, reproduce or distribute any content from the Website belonging to SUCCULENT
FACTORY without obtaining authorization from it. User shall not upload post or
otherwise make available on the Site any material protected by copyright,
trademark, or another proprietary right without the express permission of the
owner of the copyright, trademark, or another proprietary right. SUCCULENT
FACTORY does not have any express burden or responsibility to provide the Users
with indications, markings, or anything else that may aid the User in
determining whether the material in question is copyrighted or trademarked.
User shall be solely liable for any damage resulting from any infringement of
copyrights, trademarks, proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public area of the Site, User
warrants that the owner of such material has expressly granted SUCCULENT
FACTORY the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. The user also
permits any other end-user to access, view, store, or reproduce the material
for that end user’s personal use. User hereby grants SUCCULENT FACTORY, the
right to edit, copy, publish, and distribute any material made available on the
Site by the User. The foregoing provisions of Section 25 apply equally to and
are for the benefit of SUCCULENT FACTORY, its subsidiaries, affiliates, and its
third-party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.

TRADEMARKS

The Site contains copyrighted material, trademarks, and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music, sound, and the entire contents of SUCCULENT FACTORY protected
by copyright as a collective work under the applicable copyright laws. SUCCULENT
FACTORY owns a copyright in the selection, coordination, arrangement, and
enhancement of such content, as well as in the content original to it. Users
may not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. Users may download/print/save copyrighted material for the User’s
personal use only. Except as otherwise expressly stated under copyright law, no
copying, redistribution, retransmission, publication, or commercial
exploitation of downloaded material without the express permission of SUCCULENT
FACTORY and the copyright owner is permitted. If copying, redistribution, or
publication of copyrighted material is permitted, no changes in or deletion of
author attribution, trademark legend, or copyright notice shall be made. The
User acknowledges that he/she/it does not acquire any ownership rights by
downloading copyrighted material. Trademarks that are located within or on the
Site or a website otherwise owned or operated in conjunction with SUCCULENT
FACTORY shall not be deemed to be in the public domain but rather the exclusive
property of SUCCULENT FACTORY unless such site is under license from the
trademark owner thereof in which case such license is for the exclusive benefit
and use of SUCCULENT FACTORY unless otherwise stated.

 

 

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

Succulent Factory respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes any
Intellectual Property Rights infringement, please address a complaint to
‘Customer Care’ by way of an email as provided herein below.

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

If you use the Website as a Registered User, you agree that you are
competent to contract within the meaning of the Indian Contract Act, of 1872. SUCCULENT
FACTORY reserves the right to terminate your membership and refuse to provide
you with access to the Website if it is brought to its notice or if it is
discovered that you are under the age of 18 years. You are solely responsible
for maintaining the confidentiality of your User ID and Password. You are
responsible for all activities that occur under your User ID and Password. You
agree, inter-alia, to provide true, accurate, current, and complete information
about yourself as prompted by the Website registration form or provided by You
as a Visitor or user of a third party site through which You access the
Website. If you provide any information that is untrue, inaccurate, not
current, or incomplete or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement, SUCCULENT FACTORY has the right to
indefinitely suspend or terminate or block access of your membership with the
Website and refuse to provide you with access to the Website. As a condition of
purchase, the Site requires your permission to send you administrative and promotional
emails. We will send you information regarding your account activity and
purchases, as well as updates about our products and promotional offers. You
can opt out of our promotional emails anytime by clicking the unsubscribe link
at the bottom of any of our email correspondences. Please see our Privacy
Policy for details. The offers made in any promotional messages sent via
emails/SMS/MMS shall be subject to change at the sole discretion of SUCCULENT
FACTORY and SUCCULENT FACTORY owes no responsibility to provide you with any
information regarding such change. You undertake not to host, display, upload,
modify, publish, transmit, update or share any information that is contained on
the website that: belongs to another person and to which you 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 about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature; impersonate
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, defense, security or
sovereignty of India, friendly relations with foreign states, or or public
order or causes incitement to the commission of any cognisable offence or
prevents investigation of any offence or is insulting any other nation. That in
case it is found that you are in violation of these express conditions, you
shall be solely responsible and shall face all legal consequences of the same
by yourself, and that SUCCULENT FACTORY shall in no manner be held responsible
for the same That in case it is found that you are in violation of these
express conditions, you shall be solely responsible and shall face all legal
consequences of the same by yourself, and that SUCCULENT FACTORY shall in no
manner be held responsible for the same.

BILLING

The price of our merchandise as mentioned on Succulent Factory  is the Maximum Retail Price (MRP) for the said
product. Such MRP shall be inclusive of all local taxes as applicable in India.
Additional applicable taxes (such as custom tariffs) may be charged depending
on the destination where the order has to be shipped to. The tax rate applied
and charged upon the order shall include the combined tax rate for both state
and local tax rates in accordance with the address where the order is being
shipped. SUCCULENT FACTORY reserves the right to collect taxes and/or such
other levy/ duty/ surcharge that it may have to incur in addition to the normal
taxes it may have to pay. We may also charge Delivery Charges which may include
postal charges/ shipment charges etc. that may be applicable for your country.

ORDER CANCELLATION BY SUCCULENT FACTORY

Due to unavoidable circumstances, there may be times when certain orders
having been validly placed may not be processed or capable of being dispatched.
SUCCULENT FACTORY reserves the exclusive right to refuse or cancel any order
for any reason. Some situations that may result in your order being canceled
shall include limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information, problems identified by our credit and
fraud avoidance department, 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
canceled after your credit card/ debit card/ any other mode of payment has been
charged, the said amount will be reversed into your Account/ as the case may be
to the source of the payment within a period of 30 working days. Any type of
voucher used in these orders shall be returned and made available to the user
in case of cancellation by SUCCULENT FACTORY.

SHIPPING & PROCESSING FEE

Our shipping and processing charges are intended to compensate SUCCULENT
FACTORY for the cost of processing your order, handling and packing the
products you purchase, and delivering them to you. For further information
please refer to our Shipping & Payment Policy. If you fail to take the
delivery of the goods, SUCCULENT FACTORY may at its discretion charge you for
additional shipping costs.

PAYMENT

While availing any of the payment method/s offered by us, we are not
responsible or take no liability of whatsoever nature in respect of any loss or
damage arising directly or indirectly to you including but not limited to the
following: (a) lack of authorization for any transaction/s; (b) or exceeding
the preset limit mutually agreed by you and between your “Bank/s”; (c) or any
payment issues arising out of the transaction; (d) or decline of transaction
for any other reason/s. All payments made against the purchases/services on Succulent
Factory  by you shall be as against the
MRP displayed on the website and shall be in terms and conditions of the third
party Online Payment Gateway Services as adopted and applicable to your
transaction as approved by SUCCULENT FACTORY. Before shipping your order to
you, we may request you to provide supporting documents (including but not
limited to Govt. issued ID and address proof) to establish the ownership of the
payment instrument used by you for your purchase. This is done so as to ensure
a safe and foolproof online shopping environment to our users. SUCCULENT
FACTORY may employ PaisaPay, and other third-party facilities, for Payments on
the Website. Such payments can be made through electronic or through Cash on
delivery transactions, as may be permitted by SUCCULENT FACTORY which shall be
at its sole discretion. Use of such third-party services will be governed by
their User Agreement, Seller Terms, Conditions, and other rules and policies as
may be required and applicable for your nature of activities. DELIVERY SUCCULENT
FACTORY endeavors but does not guarantee delivery of products in the stipulated
time period as mentioned on the purchase of the product. In no manner can the
contract be repudiated if SUCCULENT FACTORY fails to deliver any one or more
products in the stipulated time frame.

REFUNDS & RETURNS

SUCCULENT FACTORY shall make all endeavors to deliver defect-free products
to the purchasers. SUCCULENT FACTORY does not take title to any returned items
purchased by the user unless the item is received by SUCCULENT FACTORY. Any
item purchased on our website does not qualify for any return unless the
product delivered is damaged or has been damaged during shipping. The defective
and/or damaged goods so received shall be communicated to SUCCULENT FACTORY
within 48 hours of its receipt. Any communication received after 48 hours of
delivery shall not qualify for return unless expressly covered by the product
warranty even in case the said product has been wrongly delivered. SUCCULENT
FACTORY holds the sole discretion to determine whether a refund can be issued.
For further information please read our Returns & Exchanges Policy.

PRODUCT DESCRIPTIONS

Products displayed on SUCCULENT FACTORY attempts to be as accurate as
possible. However, SUCCULENT FACTORY does not warrant that product description
or other content is accurate, complete, reliable, current, or error-free. If a
product offered by SUCCULENT FACTORY is not as described, your sole remedy is
to contact SUCCULENT FACTORY within 48 hours of receipt and SUCCULENT FACTORY
reserves the right to provide a solution as per its discretion. SUCCULENT
FACTORY is not liable to issue any refunds or allow exchanges and/or returns as
a matter of policy.

PRODUCT COMPLIANCE

Products displayed/ sold on the SUCCULENT FACTORY website are manufactured/
procured as per the applicable Local Laws of India and are in conformity with
the required Indian industry standards. PRODUCT PRICING DISCLAIMER The prices
displayed on our website may differ from prices that are available in-store.
Further, the prices displayed in our catalogs are quotes that may vary from
country to country for the same product. Prices shown on the website are
subject to change without prior notice. These prices only reflect the MRP and
do not include shipping and taxes which may be extra as applicable.

INACCURACY DISCLAIMER

From time to time there may be information on our Website or in our catalog
that may contain typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, and availability. SUCCULENT FACTORY
reserves the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice.

WARRANTIES & LIABILITY

All information, content, materials, products (including software), and
other services included on or otherwise made available to you by SUCCULENT
FACTORY are provided on an AS IS and AS AVAILABLE basis, unless otherwise
specified in writing. SUCCULENT FACTORY makes no representations or warranties
of any kind, express or implied, as to the operation of the services, or the
information, content, materials, products (including software) or other
services included on or otherwise made available to you through SUCCULENT
FACTORY, unless otherwise specified in writing. You expressly agree that your
use of the website is at your sole risk.

SUCCULENT FACTORY does not warrant that this Website will be constantly
available, or available at all or that any information on this Website is
complete, true, accurate or non-misleading. We will not be liable to You in any
way or in relation to the Contents of, or use of, or otherwise in connection
with, the Website. You acknowledge, by your use of this Website, that your use
of this Website is at your sole risk, that you assume full responsibility for
all risks associated with all necessary servicing or repairs of any equipment
you use in connection with your use of this Website, and that SUCCULENT FACTORY
shall not be liable for any damages of any kind related to your use of this
Website. Though SUCCULENT FACTORY shall make all endeavor to protect its
websites from any viruses or other illegal use of its website. However, we do
not warrant that this site; information, Content, materials, product (including
software) or services included on or otherwise made available to You through
the Website; its servers; or electronic communication sent from us are free of
viruses or other harmful components. Nothing on Website constitutes or is meant
to constitute, advice of any kind. All the Products sold on Website shall be solely
governed by Indian Laws. In the event we are unable to deliver such Products
due to implications of different territorial laws, we will return or will give
credit for the amount (if any) received in advance by us from the sale of such
Product that could not be delivered to You. It is YOUR responsibility to ensure
that the products purchased on this website is not restricted in your
territory. SUCCULENT FACTORY shall not be responsible for any non-compliance
with regard to the local laws of that territory for any product available on
this website. SUCCULENT FACTORY will not be liable for any damages of any kind
arising from the use of any service, or from any information, content,
materials, products (including software) or other services included on or
otherwise made available to you through the website, including, but not limited
to direct, indirect, incidental, punitive, and consequential damages, unless
otherwise specified in writing.

INDEMNITY

You agree to indemnify and shall not hold SUCCULENT FACTORY (and its
officers, directors, agents, subsidiaries, affiliates, joint ventures, and
employees) for any claim or demand, including but not limited to reasonable
attorneys’ fees, or arising out of or related to your breach of this T&C,
or your violation of any law or the rights of a third party or any damage to
life and/or property caused by the products delivered.

BREACH

In the event you are found to be in breach of the Terms of Use or Privacy
Policy or other rules and policies or if we are unable to verify or
authenticate any information you provide or if it is believed that your actions
may cause legal liability for you, other users or us, without limiting to the
present, without prior notice immediately limit your activity, remove your
information, temporarily/indefinitely suspend or terminate or block your
membership, and/or refuse to provide you with access to this Website. Any user
that has been suspended or blocked may not register or attempt to register with
us or use the Website in any manner whatsoever until such time that such user
is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of
Use or Privacy Policy or other rules and policies, we reserve the right to
recover any amounts due and owing by you to us and to take strict legal action
including but not limited to a referral to the appropriate police or other
authorities for initiating criminal or other proceedings against you. Any
breach of any applicable local laws of that territory shall also result in,
without prior notice immediately limit your activity, remove your information,
temporarily/indefinitely suspend or terminate or block your membership, and/or
refuse to provide you with access to this Website.

SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms,
and these Conditions of Use at any time. If any of these 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 any
remaining condition.

WAIVER

The failure by SUCCULENT FACTORY to enforce at any time or for any period
any one or more of the terms or conditions of the Agreement shall not be a
waiver by SUCCULENT FACTORY of them or of the right any time subsequent to
enforce all Terms and Conditions of this agreement.

FORCE MAJEURE

Failure on the part of SUCCULENT FACTORY to perform any of its obligations
and the non furnishing of the Service), shall not entitle you to raise any
claim against SUCCULENT FACTORY or be a breach hereunder to the extent that
such failure arises from an event of Force Majeure. If through force Majeure
the fulfillment by either party of any obligation set forth in this Agreement
will be delayed, the period of such delay will not be counted on in computing
periods prescribed by this Agreement. Force Majeure will include any war, civil
commotion, strike, governmental action, lockout, accident, epidemic or any
other event of any nature or kind whatsoever beyond the control of SUCCULENT
FACTORY that directly or indirectly hinders or prevents SUCCULENT FACTORY from
commencing or proceeding with consummation of the transactions contemplated
hereby. You expressly agree that lack of funds shall not, in any event,
constitute or be considered an event of Force Majeure.

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and SUCCULENT
FACTORY hereto shall be determined and governed according to the laws of India.
If any dispute arises between You and SUCCULENT FACTORY regarding Your use of
the Website or Your dealing with SUCCULENT FACTORY in relation to any activity
on the Website, in connection with the validity, interpretation, implementation
or breach of any provision of the Terms & Conditions and/or Privacy Policy
including but not limited to the rules and policies contained herein, the
dispute shall be subject to the exclusive jurisdiction to the Courts of Bangalore.
Your obligations to pay the Payment Fees shall not be suspended during the
pendency of such proceedings.

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the
‘Customer Care’ by way of email toinfo@Succulent Factory  The ‘Customer Care’ shall thereafter consider
the same and provide a response within one month of the date of such complaint/
grievance.

GOVERNING LAW

These Terms and Conditions or the documents of third-party payment channels
shall be governed and construed in accordance with the laws of India. This
document is an electronic record in terms of the Information Technology Act,
2000 and the amended provisions pertaining to electronic records in various
statutes as amended by the Information Technology Act, 2000. This electronic
record is generated by a computer system and does not require any physical or
digital signatures.