The following terms and conditions (the “Agreement”) govern all use of the fagniaimpex.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Fagnia Impex Private Limited (“Fagnia Impex”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Fagnia Impex – including, without limitation, Fagnia Impex’s Shipping and Return Policy.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party. Fagnia Impex may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. Fagnia Impex may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to Fagnia Impex that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Fagnia Impex reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
Fagnia Impex currently accepts the following credit cards and debit cards on the site: VISA and MasterCard.
Credits: Unused credits will be forfeited if Customer’s fagniaimpex.com account is terminated for any reason – whether customer chooses to cancel or if Fagnia Impex cancels customer’s account for any reason. Customer’s account must be in good standing to be eligible to redeem credits. Credits have no cash value. Fagnia Impex reserves the right to change these credit terms and conditions at its discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of Fagnia Impex.
Customer is responsible for all sales taxes (as applicable).
SHIPPING AND RETURN.
Purchases are subject to Fagnia Impex’s Shipping and Return Policies. Restocking fees apply. The risk of loss and title for Products ordered by Customer shall pass to Customer upon Fagnia Impex’s delivery of the items to the carrier. Replacement of products and credits to customer’s account for Products claimed as damages or not received are subject to Fagnia Impex’s investigation and discretion.
There are no returns or exchanges on final sale merchandise.
Customer agrees to receive emails promoting any special offer(s), including third party offers, as well as Fagnia Impex’s newsletters. Customers can opt out of promotional emails from by clicking the unsubscribe link at the bottom of the emails. Transactional and Program emails are required for visitors and customers
In the event a Fagnia Impex product is listed at an incorrect price due to typographical error or error in pricing, Fagnia Impex shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Fagnia Impex shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Fagnia Impex shall issue a credit to your credit card account in the amount of the incorrect price.
ORDER CANCELLATION BY FAGNIA IMPEX
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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, 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 cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by fagniaimpex.com
ORDER CANCELLATION BY CUSTOMER
In case of requests for order cancellations, Fagnia Impex reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24(twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty four) hours from making the order. Fagnia Impex has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Fagnia Impex and accept Fagnia Impex’s decision regarding the cancellation. In the event of cancellation of order by the customer Fagnia Impex shall not refund the voucher, if any used against such order.
FRAUDULENT /DECLINED TRANSACTIONS
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and www.fagniaimpex.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Fagnia Impex reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, fagniaimpex.com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, Fagnia Impex shall owe no liability for any refunds.
SITE CONTENT GENERALLY.
The content on the Service (excepting any and all User Submissions – as defined below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Fagnia Impex, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Fagnia Impex reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
Fagnia Impex grants to User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than non-commercial use is expressly prohibited without prior written permission from Fagnia Impex or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (BUT, FOR CLARITY, THE PRODUCTS ARE CAN BE RETURNED/EXCHANGES PURSUANT TO FAGNIA IMPEX’S RETURN POLICY). THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL FAGNIA IMPEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
You agree to indemnify and hold Fagnia Impex (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from 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
Fagnia Impex may terminate a Customer’s account at any time, in its discretion. Upon termination notice from Fagnia Impex, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
Fagnia Impex makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. User is responsible for compliance with local laws when User access and use the Service.
All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of Fagnia Impex or Fagnia Impex’s licensors and other content suppliers – and protected by India and international copyright laws. All software used in connection with the Site is the property of Fagnia Impex or its software suppliers and protected by India and international copyright laws.
When User visits the Site or sends e-mails to Fagnia Impex, User is communicating with Fagnia Impex electronically. User hereby consents to receive communications from us electronically. Fagnia Impex will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Fagnia Impex provides to User electronically satisfy any legal requirement that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Fagnia Impex’s prior written consent. Fagnia Impex may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws as applicable in India. Any disputes will be handled in the competent courts of Mumbai, India.