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Terms & Conditions

THE TERMS OF SERVICE & TERMS OF USE IS APPLICABLE TO THE WEBSITE WWW.LEMONTE.IN , FACEBOOK PAGE OR ANY OTHER SOCIAL CHANNEL OF LEMONTE:

By using our services through website you agree to the following policies:

 

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of the product until you place the 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, LEMONTE 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 wrongly priced, LEMONTE 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 LEMONTE will have the right to modify the price of the product and contact you for further instructions using the e-mail or phone number  provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that LEMONTE accepts your order the same shall be billed to your account. The payment may be processed prior to LEMONTE’s 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 the original mode of payment/bank/card account. Prices and availability are subject to change without notice.


Mode of Making Payments

Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallet, UPI , Paytm or Cash on Delivery. Prepaid Payments like Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order. If you refuse to accept COD order , your COD facility may be suspended for indefinite period at sole discretion of LEMONTE.

 

Cancellations, Refunds, and Returns

Please refer to our Return and Refund Policy provided on the Site.

Shipping and Delivery

Please refer to our Shipping Policy available on the Site for further information.

Duties:

Please also note that for any International shipments – any custom duties , taxes etc applicable in the Customer’s Home country will be borne by the Customer. LEMONTE cannot be held responsible for any delay/cancellation/seizure of goods due to any reasons beyond control of LEMONTE. 

For domestic shipments – Any entry , Octroi/duties  or any other state taxes during transit will be borne by the Customer. LEMONTE will not be held responsible for any loss or damage of products during transit. 

 

Chat Functionality

The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

·         LEMONTE may suspend the chat service at any time without notice.

·         LEMONTE or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.

·         Communication through chat may be stored by LEMONTE for future reference, and the user of such service will not have the right to access this information at a later date.

·         While ‘chatting’ you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.

·         The chat  shall not be used to sell any products, to give advice on business opportunity or any other form of solicitation.

·         You may proceed further and chat with our online customer care executive only if you agree to the above Terms of Service.

Representations

You agree to and make the following representations That you will use the services of the Site for lawful purposes only and comply with all applicable laws and regulations while transacting on the Site.

You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partially), LEMONTE has the right in its sole discretion to debar you from using the services of the Site.

Where credit card details are required, you will provide correct information. You will only use a credit card that you own in your transactions with LEMONTE. Liability for use of a card fraudulently is exclusively on you, and will lead to claims of cost of goods, collection costs, legal fees etc.

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

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 included in its description.

You may not use the Site for any of the following purposes:

·         Disseminating any unlawful, harassing, libelous, abusive, threatening, defame, 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 unauthorized access to other computer systems.

·         Interfering with any other person’s use or enjoyment of the Site.

·         Breaching any applicable laws.

·         Interfering or disrupting networks or web sites connected to the Site.

Intellectual Property Rights LEMONTE and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of LEMONTE. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any LEMONTE or third party intellectual property rights. All rights, including copyright, in this website are owned by or licensed to LEMONTE. Any use of this website or its contents, including copying or storing any information in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of LEMONTE.

 

Any reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance- without the prior written permission of LEMONTE is strictly prohibited. The “LEMONTE” name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of LEMONTE. All other marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use.

You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of LEMONTE or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless LEMONTE explicitly provides to the contrary, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by LEMONTE, one of its affiliates or by third parties who have licensed their materials to LEMONTE and are protected by Indian and international copyright laws.

 

The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of LEMONTE and is also protected by Indian and international copyright laws. Links and Third Party Sites References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply LEMONTE endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between LEMONTE and those third parties. LEMONTE is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Governing Law and Jurisdiction The Terms of Use and the Policies, shall be construed in accordance with the applicable laws of India.

 

For proceedings arising therein the Courts at Ghaziabad shall have exclusive jurisdiction. Any dispute or difference either in interpretation or otherwise, of these Terms of Service, and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by LEMONTE and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Ghaziabad. Indemnity You agree to defend, indemnify and hold harmless LEMONTE, 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 LEMONTE 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 the Terms of Use, or arising out of the 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 the Terms of Use. Termination These Terms of service are effective unless and until terminated by either you or LEMONTE. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. LEMONTE may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, Such termination will be without any liability to the Site. Upon any termination of the Terms of service by either you or LEMONTE, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use. Disclaimer of Warranty and Limitation of Liability All content, products, and services on the site, or obtained from a website to which the Site is linked are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by LEMONTE. Any claim in relation to the same should be raised against respective manufacturer/supplier and not LEMONTE in any case whatsoever. The Site provides content from other internet sites or resources and while LEMONTE tries to ensure that material included on the Site is correct, reputable and of high quality, it will not accept responsibility if this is not the case. LEMONTE will not be responsible for any errors or omissions or for any loss or damage caused by reliance on such information.

While LEMONTE aims 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 LEMONTE, access to the Site may be interrupted, suspended or terminated from time to time. LEMONTE 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. Further, the Site may discontinue disseminating any portion of information or category of information. LEMONTE, its suppliers, subsidiaries, affiliates, officers, employees, agents, partners and licencors, shall not be liable for any damages of any kind arising out of or in connection with the use of the Site or the purchase of products from the Site. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.LEMONTE, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted.

Consequently, LEMONTE assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, LEMONTE and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you. LEMONTE through the Website intends to provide its users with general information about products.

The postings on the Website or on social networking sites, including the Website’s Facebook page, or any information provided over chat or e-mails exchanged with LEMONTE, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with LEMONTE, its employees or representatives is based on the background provided by the user. While LEMONTE takes reasonable care to ensure that the Information is accurate, LEMONTE takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. In case any User relies on the Information, he/she may do so at its own risk. Under no circumstances will LEMONTE, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information. For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them.

Site Security You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any 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. LEMONTE is entitled to 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from LEMONTE on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

REGARDING TRANSACTIONS :

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 present limit mutually agreed by us with our acquiring bank from time to time.

 

Entire Agreement

If any part of these Terms of Use 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 Terms of Service shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and LEMONTE with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. LEMONTE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.