Terms of service

TERMS OF SERVICE

The following are the Terms and Conditions (“Terms”) that apply to and govern any transaction involving any product or associated service (“Product”) and/or use of the website (“Website”) of the Ethereal Online store (“Ethereal”). These Terms supersede all prior correspondence, notifications or agreements entered into by you or any person, organisation, entity or body corporate you represent or any other person you authorize on your behalf (“User/you/your”) and Ethereal. These Terms shall apply to your transactions with Ethereal as well as any subsidiary or division. 

You are expected to read these Terms and the Ethereal Privacy Policy (“Privacy Policy”) before using the Website, or browsing or accessing any further.  By accessing or using the Website in any form, including to purchase any Product, or providing us with any information, data or personally identifiable information (collectively “Data/Information”) you agree to be bound by these Terms as well as the Privacy Policy. If you do not agree to these Terms do not not access or use the Website or purchase any Product. 

Ethereal reserves the right to amend or alter these Terms as well as the Privacy Policy in accordance with Alteration of Terms hereinbelow.

In the event you are using this Website or any Ethereal Product on behalf of another person, entity or organisation, you warrant and represent you are authorized to do so, and such person, entity or organisation shall also be bound by these Terms as well as the Privacy Policy.

1. ELIGIBILITY

1.1. The Website and any Product is not meant for use by anyone under the age of 18.
1.2. By continuing to browse and access the Website, or proceeding with any purchase or transaction on the Website you represent and warrant:

(a) That you are at least 18 years of age

(b) That you are an Indian citizen,

(c) That you have not resorted to any such activity which prevents or bars our access to the Website and shall not do so in the future

(d)That you have the authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

2. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES

2.1. Ethereal may require you to create an account on the Ethereal Website or provide your email address for Product inquiries. When you create an account on the Website or provide Ethereal with any such information you agree to the following:

(a) any information which has been provided by you (or anyone on your behalf including your Customers) to Ethereal, will be used in accordance with Ethereal’s sole discretion subject to these Terms and the Privacy Policy

(b) you are not infringing any copyright by providing us with this information;

(c) the information is authentic and verified by you.

(d) You expressly consent to collection and storage of all such information provided by you subject to the terms of the Privacy Policy and any subsequent agreements you may enter into with Ethereal.

(e)The security of your account credentials shall be your responsibility and the duty of care shall be upon you to avoid disclosure of these credentials to unauthenticated and unverified sources.

(f)You shall notify the Grievance Officer as mentioned in the Grievance Redressal Mechanism clause in the event that you detect a breach or any suspicious activity.

2.2. By providing your email address you also consent to receive electronic communications from Ethereal. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) or any marketing or promotional communication about Products, amendments in these Terms and/or the Privacy Policy as well as general legal disclosures or compliances. These notices shall be deemed to satisfy and fulfil any legal requirements. 

3. PAYMENT AND PRICES

3.1. All the prices displayed on the Website are subject to change at Ethereal’s sole discretion and without notice.  The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail.

3.2. The prices so displayed may or may not include taxes and/or costs of shipping. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.

3.3. Purchases or transactions made shall be through a payment gateway hosted by a third party and you agree to abide by any terms and conditions and the privacy policy of such a third-party host.

3.4. Ethereal reserves the right to do the following without prior notice:

i. Impose quantity restrictions on any Products purchased

ii. Cancel any order or transaction at its sole discretion

iii. Replace or modify the technical specifications or components of any of the Products which may or may not affect or alter the appearance of the Product

iv. Discontinue the production and manufacture of any Product

3.5 In the event of cancellation of an order after receipt of payment, you may contact the Grievance Officer as mentioned the Grievance Redressal Mechanism clause to initiate the process of obtaining a refund, however, the process shall be subject to third party hosts and other third parties such as banks, and terms and conditions imposed by them.

4. DELIVERY AND TITLE

4.1. Ethereal undertakes to make arrangements for shipment of any physical Products. The specifications including charges and estimated time of delivery shall be as displayed on the Website at the time of purchase.

4.2. The cost of shipping shall be borne by you.

4.3. Ethereal shall not be responsible or liable for any damage, delay, loss or any other risk pursuant to the transfer of the Product to the shipping carrier. The dates of delivery are estimates and cannot be guaranteed.

5. WARRANTY AND DISCLAIMER

5.1. Ethereal Products may contain materials or traces of materials that provoke allergic reactions in certain individuals. The purchase of such Products is at your sole risk and responsibility and Ethereal shall not be responsible or liable for any allergies or other reactions that may be caused due to presence of certain materials in the Products. You are therefore advised to be mindful of any physical conditions you may have.

5.2. In the event of any queries with respect to the materials used in the Products, please contact the Grievance Officer mentioned in the Grievance Redressal Mechanism clause mentioned hereinbelow. 

5.3. You shall be asked to present the original invoice for the Product in order to avail any warranty of any Ethereal Product and preservation and safekeeping of the original invoice shall be your responsibility.

5.4. To make a claim of warranty or in case of any queries with respect to the warranty, contact the Grievance Officer as mentioned in the Grievance Redressal Mechanism clause.

6. LIMITATION OF LIABILITY

6.1. The extent of liability on Ethereal shall be equal to the maximum retail price of the Product and/or the directly quantifiable monetary value of any losses incurred. 

6.2. In the event of any legal action brought against Ethereal for copyright, trademark, patent or any other intellectual property or confidentiality infringement or violation of these Terms and/or the Privacy Policy in any form or manner whatsoever due to your actions, your liability shall be unlimited.

7. FORCE MAJEURE

7.1. Ethereal shall not be liable or responsible for any inability to fulfil its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources.

7.2. Ethereal reserves the right to delay or cancel any order or obligation without consequence and notice of the same shall be given to you.

8. RETURNS AND REFUND

8.1. To find out more about Ethereal’s return policy, contact the Grievance Officer as mentioned in  the Grievance Redressal Mechanism clause hereinbelow.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 You acknowledge and agree that unless otherwise indicated, the Website, Product and any other material pertaining to Ethereal including, without limitation, any logos, design, text, graphics, pictures or information and any other such material are absolutely and irredeemably owned by Ethereal and are protected by the relevant copyright laws in India as well as other applicable laws. 

9.2. You are hereby granted a limited, nonexclusive, non-transferable, non-transferrable license to access and use the Website and any other content made available to you.

9.3. This license is subject to these Terms and the Privacy Policy and you undertake and warrant that you shall not make unauthorized use of the license including using the license for commercial gain, or attempt to sell the said license, use any data extraction or data mining tools, download any part of the Website except as permitted and any other use unless explicitly permitted by Ethereal.

9.4. In the event of any unauthorized use of the license as mentioned in Clause 9.3, Ethereal reserves the right to:

i. Terminate any agreement you may have with Ethereal, and bar you from using the Website or making any purchase online;

ii. initiate legal action against you which shall not preclude Ethereal’s right to claim damages for copyright, trademark or patent infringement, as the case may be, under the applicable laws and in the relevant forums;

as deemed fit by Ethereal.

10. CONFIDENTIALITY AND PRODUCT SAFEGUARDS

In the event of any unauthorized use of the Website, Ethereal reserves the right to: 

i. Terminate any agreement you may have with Ethereal, and bar you from using the Website or making any purchase online;

ii. initiate legal action against you which shall not preclude Ethereal’s right to claim damages for breach of confidentiality or loss of data, as the case may be, under the applicable laws and in the relevant forums;

at Ethereal’s sole discretion.

11. THIRD PARTY ASSOCIATIONS

11.1. Ethereal may use or collaborate with third party site or service provider (“Third-Party Associates”) for any content, or ancillary services or hosting, including payments and financial services, to improve your experience as a User as well as for any other support systems it may require.

11.2. You hereby allow Ethereal to share your Data with such Third-Party Associates in accordance with these Terms and the Privacy Policy.

11.3. Ethereal shall not be responsible for any terms of use or conditions stipulated by these Third-Party Associates and/or their privacy policy and you agree to be bound by them in the course of your use of the Ethereal Website and Products.

11.4. Ethereal shall not review the content or any mechanism for safeguard and protection of any Third-Party Associates beyond reasonable due diligence.

11.5.In case of any breach of confidentiality, loss of data or otherwise any damage incurred by you due to actions of third party associates or service providers, you agree that you shall maintain your claims and demands separately against these Third Party Associates and you shall not hold Ethereal liable in any manner or form whatsoever in the course of these actions.

11.6. Inclusion, mention or otherwise reference of a Third-Party Associate does not amount to any form of sponsorship, endorsement or affiliation beyond commercial transaction by Ethereal, and your interaction and usage of the Website and Product with respect to Third Party Associates shall be at your own risk.

12. PROTECTION OF DATA

Ethereal undertakes the following steps to protect your Data:

(a) Personally, identifiable information (“PII”) shall be collected and stored and secured by means of encryption in accordance with these Terms and the Privacy Policy. PII so stored shall be reasonably and appropriately secured with respect to industry standards.

(b) All Information collected and stored shall be protected, secured and anonymized to ensure that it is in non-identifiable form.

(c) The security procedures, practices and other security protocols are regularly updated to comply with industry standards and IS/ISO/IEC 27001 on "Information Technology - Security Techniques - Information Security Management System - Requirements". By continuing to use the Website, you accept that there might be breaches and cases of unauthorized access to your Data. You hereby accept the risk and any potential liability due to any such breach, misuse, appropriation or loss and agree you shall not hold Ethereal responsible or liable in such an event. Ethereal disclaims any warranty of absolute protection of Data from breach, misuse, misappropriation or loss to the fullest extent provided by law.

(d) Data may be disclosed in the event of an investigation or otherwise mandated by any Government authority or agency, or to protect Ethereal’s own interest such as prevention of any kind of fraud, or in case of detected copyright or intellectual property right infringement or other related reasons.

(e) Any Data and Information shall not be provided to any third party except for the processes required to give effect to the services and to improve or expand upon the services provided.

(f) In case the Information provided by you violates any law in force, or infringes upon copyright or found to be inauthentic or non-compliant with the Privacy Policy or these Terms, Ethereal reserves the right to terminate all agreements that you may have entered into to avail services provided by Ethereal, including the deemed termination of any warranty period or other offer available on any of Ethereal’s products.

(g) You can delete your account and all the information provided to us, including PII shall be removed from all of Ethereal’s servers. In order to delete your account and withdraw, review or correct any information, contact the Grievance Officer mentioned in the Grievance Redressal Mechanism clause below.

13. INDEMNIFICATION

13.1. Ethereal assumes no liability with respect to any infringement or alleged infringement of intellectual property rights, laws or any applicable regulations arising from the User’s purchase, use, possession or any other treatment or use of this Website or Products sold herein. You hereby agree to indemnify and hold harmless Ethereal, and make good any claims, liabilities, demands or damages made against Ethereal as a result of your actions, omissions, conduct or any Information provided by you.

13.2. To the fullest extent permitted by law, you agree to indemnify and hold harmless Ethereal and any agents, associates, employees, affiliates or representatives thereof from any claims, damages, penalties or any other liabilities or losses imposed on Ethereal in law or equity that may be caused by or are initiated due to:

(a) any use or misuse of the Website or Product by you or any User you authorize to access or use the Website or Product

(b) any content or feedback shared by you in the public domain

(c) any Feedback you provide,

(d) your violation of these Terms and Privacy Policy

14. ALTERATION OF TERMS 

The terms and conditions mentioned and stipulated herein and in the Privacy Policy are subject to amendments and changes. Any changes or alterations made shall be notified to you on the email address provided by you to Ethereal. Continued use of the Website or Products shall mean that you have accepted these amendments by way of acquiescence.

15. RESERVATION OF RIGHTS

15.1. Ethereal reserves the right to suspend any services, or prevent or bar you or any User from usage of the Website, or terminate these Terms or any other agreement subsisting, in the event of breach, violation or alleged breach or violation by you of these Terms, the Privacy Policy and any other agreements.

15.2. Any other rights available to Ethereal, pertaining to these Terms, the Privacy Policy or any other purpose not covered therein, in law and equity are expressly reserved. 

16. GRIEVANCE REDRESSAL MECHANISM

16.1. Any grievance, complaint, feedback or query with respect to the use of the Website, or the Product, or these Terms or the Privacy Policy, or all of them, including with respect to refunds, warranty, usage by children or any other reason shall be addressed to the designated Grievance Officer.

16.2. The details of the Grievance Officer are as follows: 

Email Address: hello@theetherealstore.com

Telephone: +918452934007

16.3. Ethereal shall take utmost care to resolve any query or grievance at the earliest. However, if the query or grievance is not resolved or appropriately responded to in a period of 30 days, you may avail the remedies mentioned in Clause 17 (Governing Law and Dispute Resolution) below. 

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 Governing Law: The Website, Product, these Terms and the Privacy Policy by Ethereal are governed by all laws applicable within the territory of India. By visiting, browsing or in any way using the Website and/or registering for any Ethereal services you agree to the terms of the Privacy Policy and these Terms thereby consenting to the exclusive jurisdiction of courts of Mumbai, India in all disputes arising out of or relating to the use of the Website, Product, these Terms or the Privacy Policy.

17.2. Dispute Resolution: Any dispute with respect to Ethereal or it’s Products or services may be referred to the appropriate forums or courts in Mumbai. 

18. SURVIVABILITY

Clause No. 6 (Limitation of Liability), Clause no. 9 (Intellectual Property Rights), Clause No. 10 (Confidentiality and Product Safeguards), Clause No. 13 (Indemnification), Clause No. 15.2 (within Reservation of Rights) and Clause No. 17 (Governing Law and Dispute Resolution) shall survive the termination of these Terms for any reason whatsoever.

19. SEVERABILITY 

Any clause or term within these Terms or the Privacy Policy found invalid, or unenforceable, shall not affect the validity of any other Term.