Terms of Service
- The Terms
PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME
This website is owned and operated by Smokey Decor.
- Smokeycocktail.in is an e-commerce portal under the laws of India.
- These Terms and Conditions apply to your use of this website www.Smokeycocktail.in and you agree to accept and bound by these Terms and Conditions by accessing the website and/or placing an order of purchase of goods provided by Smokey Cocktail.
- This document constitutes an "electronic record" under the provisions 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.
Copyright & Trademark
- All rights, including copyright, in this website are owned by or licensed to Smokey Cocktail. Smokey Cocktail reserves 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.
- Smokey Cocktail Names and Logos and all related merchandise and service names, Design marks and Slogans are the trademarks or service marks of Smokey Cocktail.
- Smokey Cocktail also has the exclusive copyright in the designs of products manufactured and sold by Smokey Cocktail.
- Any person illegally or unauthorisedly using the trademark or any other mark which may be deceptively similar to the trade mark or any other intellectual property owned by it shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the competent courts.
Your obligation & eligibility
- Services are not available to minors (persons under 18 years of age). You shall use the website only if you are competent to enter into a legally binding contract under the provisions of Indian contract Act, 1872.
- It shall be your responsibility to ensure that you are eligible to enter into a contract if you are resident outside India. If you do not conform to the above qualification, you are not permitted to avail of the Services. You represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
- The Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
- You agree that in no event shall Smokey Cocktail be liable for any direct, indirect, Incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products and services obtained through the website or otherwise arising out of the use of the website whether based on contract or strict liability or any other law or otherwise.
- You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Smokey Cocktail.
In using the website you agree that you will not:
- Omit, delete, forge or misrepresent information.
- Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
- Engage in any activities intended to withhold or cloak identity or contact information;
- Send harassing and/or threatening messages to Smokey Cocktail;
- Post excessive responses to interactive features or functions of this Site
- You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that:
- Infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party material which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;
- You do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
- Contains personally identifiable information belonging to minors.
- Posts, disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website;
- Attempt to penetrate security measures of the web site, service or obtain or bypass others passwords;
- To access, use and transact on this Website you should have access to computerised equipment(s) and a working Internet connection.
- Smokey Cocktail hereby grants You a non-exclusive, freely revocable non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You acknowledge that Smokey Cocktail may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes.
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
- You shall not modify or alter product catalogues or any other materials available on the Website; and
- You shall not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
- Any software that is available on the Website is the property of Smokey Cocktail. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by Smokey Cocktail.
Online order and payment
All products and prices are subject to availability. Prices are listed in INR and subject to change without notice.
You accept that upon ordering our products online from the website you are deemed to have placed an order with Smokey Cocktail for purchase of the specified product(s). The website Secure Server Software (SSL) technology will encrypt all registered data, including your name, address, credit/charge/debit card ("Card") details and telephone numbers and ensure 100% safety in the online transactions you make on the website.
- During the process of purchase on the website, you will be appropriately guided through various stages from choosing our products to confirmation of your payment and item(s).
- Smokey Cocktail reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. Smokey Cocktail shall not be liable to you or any third party by reason of it withdrawing any products from the website whether or not that product has been sold.
- Prices for products are described on our Website and are market perceived prices. All prices are in Indian rupees and may change at Smokey Cocktail`s discretion.
- In the event a product is listed at an incorrect price due to a typographical or any other error on any page on the website, brochure, promotional material or any other electronic or hard copy document, Smokey Cocktail will have the right to refuse, cancel, modify, or take any action it may consider appropriate to address the error for any inquiry, quotation, purchase order or orders placed for products listed at the incorrect price, regardless of whether an order confirmation has been sent or not, and/or any payment has been made or not. If one or more payments have already been made and your order is confirmed, accepted, refused, cancelled, or modified in such a case of incorrect price, or for any other reason, company will refund any payment or payments you have already made for such item or items will not be shipped due to the non-validity of the purchase order or orders.
- In no event shall the company be liable to ship the product to the customer at the accurate price or under any adverse business condition that can compromise other business factors. If we discover such errors, they will be corrected on our system using best efforts on the part of the company, and the corrected price or other information will be notified to you, and will be applied to your purchase order or orders.
- The prices advertised on this site are for online orders. Prices and the availability of Items are subject to change without notice.
- The user may carefully read all the information on products and services as provided in relevant sections. By using any of our services you agree that you have read, understood and bound by the Terms & conditions of Smokey Cocktail. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
- By visiting the Smokey Cocktail website, visitors are to be aware that all pictures and text on the website which may include perpetually any content displayed, is the property of Smokey Cocktail. No visitor is authorized to copy, reproduce or replicate any of the information on the Smokey Cocktail`s website.
- The product specifications (weight, size, color, etc) mentioned with the product photos are only approximate. There may be a bit of variation in the pictures and the respective products.
- Actual colors may vary. This is due to the fact that every computer monitor has a different capability to display colors and that everyone sees these colors differently. We try to edit our photos to show the samples as life-like as possible, but please understand the actual color may vary slightly from your monitor. We cannot guarantee that the color you see accurately portrays the true color of the product. For further information kindly contact us at email@example.com & +91-9873319750.
- While Smokey Cocktail makes every effort to ensure content accuracy on its website, visitors are to be advised that delays between cost updates and website changes, stock availability and other technical and managerial issues may cause information to be temporarily inaccurate on the Smokey Cocktail website. In such cases Smokey Cocktail assumes no responsibility for inconvenience caused. www.Smokeycocktail.in sales are "first come, first served" basis. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.
- In certain places, the Smokey Cocktail website may contain links to external or third party websites. Smokey Cocktail assumed no responsibility with regards the content displayed on such sites, their policies or their products and services. Any damages or disputes arising with such third party websites shall bear no link to Smokey Cocktail whatsoever. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only. Smokey Cocktail Industries Limited may change, modify or delete this Disclaimer at any time. Visitors are requested to check back with this page often.
- By accessing the website you agree that in no event shall Smokey Cocktail be liable for any direct, indirect, Incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products and services obtained through the website or otherwise arising out of the use of the website whether based on contract or strict liability or any other law or otherwise.
Smokey Cocktail shall not be deemed to be in default if performance of the obligations required by this terms and conditions is delayed or becomes impossible because of any act of God, War, Fire, Strike or other labour disturbances, technological or civil commotion or disruption, riots, epidemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of Smokey Cocktail, beyond the control of Smokey Cocktail ("Force Majeure Events").
- The Terms and all transactions between You and Smokey Cocktail shall be governed in accordance with the laws of India without reference to any conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
You hereby agree to receive messages and newsletters from Smokey Cocktail by SMS, e-mails or any other mode of communication. You can unsubscribe / opt-out from receiving communications and newsletters from Smokey Cocktail at any time by following the procedure set forth in the Website.
You agree to indemnify, defend and hold Smokey Cocktail harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Smokey Cocktail that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- If you violate the Terms & Conditions laid down, Smokey Cocktail holds the right to terminate your access to the Website.
- Violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Smokey Cocktail, for which monetary damages is likely to be inadequate, and You consent to Smokey Cocktail obtaining any injunctive or equitable relief that Smokey Cocktail deems necessary or appropriate.
- Smokey Cocktail will also be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Smokey Cocktail.
- The Terms will continue to apply until terminated by Smokey Cocktail as set forth. If you do not accept these Terms & Conditions you may choose not to access the Website or close Your accounts (if any).
- Smokey Cocktail shall not be liable to you or any third party for any such termination.
- Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
- Smokey Cocktail may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
- In case the provision of the Services to you is, or becomes, unlawful or pursuant by Law.
- The provision of the Services to you remains, no longer commercially viable.
- Smokey Cocktail discontinues, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;
- Restrict access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof;
- Deletion of your materials and / or Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with you or inside your Account (or any part thereof).
- All notices from Smokey Cocktail will be served by general notification on the Website. Any notice to be provided to Smokey Cocktail pursuant to the Terms should be sent to firstname.lastname@example.org
- If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
- Any failure by Smokey Cocktail to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
- Any feedback you provide to Smokey Cocktail shall be deemed to be non-confidential and Smokey Cocktail shall not be under any obligation of confidentiality, express or implied and you shall not be entitled to any compensation or reimbursement for the feedback under any circumstances. Smokey Cocktail shall be free to use such information on an unrestricted basis.