TERMS & CONDITIONS

 

This document is an electronic record in terms of Information Technology Act, 2000, and rules framed thereunder, as applicable, and the amended provisions relating to electronic records in various statutes in force, 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. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of www.frenchessence.com website.

USER AGREEMENT

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the Agreement) governs your use of this website, www.frenchessence.com (French Essence), offering products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.

 

French Essence reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or revised terms of the agreement on this Website. Any change or revision in this agreement will be reflected with the date of change or revision at the top of this agreement. The changed or revised Agreement shall be effective immediately after it is posted on this Website. Your use of the Website or the services available on the website following posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.

 

French Essence encourages you to review these terms of the user Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with French Essence for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website, which includes the services available on the same. By implicitly or expressly accepting these Terms of Use, you also accept and agree to be bound by French Essence Policies (including but not limited to Privacy Policy) as amended from time to time. If you would like to print this Agreement, please click the print button on your browser toolbar.

IMPORTANT DISCLAIMERS

 

The following disclaimers are essential for determining any relationship between You and French Essence for your use of any services on the website:

French Essence, its associates, affiliates, and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timelines of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.

You understand, agree, and acknowledge that French Essence uses third-party service providers to store and process your personal information and other information which you provide to French Essence (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over French Essence. You agree and understand that French Essence provides no guarantee, warranty, or assurance that such third-party service providers will protect Your personal information and French Essence shall not be liable for any actions, commission, omission, misconduct, fraud, or negligence (whether in contract or tort or under public policy) of these third parties.

You understand, agree, and acknowledge that French Essence will not be liable for any claim of recovery of damages, payments, repayments, or any monetary claims for banking fraud or negligence or damages arising from financial losses, mental agony, or harassment or any kind of action in tort or public policy or otherwise on account of leakage of any of your information, including bank details, card details, or any other delicate personal information in case the website www.frenchessence.com is hacked by any third party’s intervention through local intervention or international threats, including through widespread viruses, spams, Trojans, etc., which are circumstances beyond the control of French Essence and for which no fault can be attributable. French Essence guarantees no security of personal information in such a situation, and none of our privacy policy will be applicable in such a situation until everything on the website is restored to normal.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

MEMBERSHIP ELIGIBILITY

In order to use the service of French Essence through the website, you may use guest login or create your own French Essenceaccount to use certain French Essence Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. To create your French Essence account, you must be eligible to enter into a contract under the Indian Contract Act, 1872. “Incompetent persons” under the Indian Contract Act, 1872 are not eligible for French Essence accounts. Any minor, i.e., a person below the age of 18 years, can use the website and transact only through its legal guardians or Parent. French Essence reserves the right to terminate your account/refuse to provide its services if it is discovered that the person using the website and making transactions is an “Incompetent person” under the Indian Contract Act, 1872 who cannot enter into a Contract. Any person who creates an account with French Essence will be called/referred to as a Registered User.

YOUR ACCOUNT & REGISTRATION OBLIGATIONS

If you use the Website as a Registered User, you are 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 Website registration form or provided by You as a Visitor. If you provide any information that is untrue, inaccurate, not current, or incomplete or French Essence has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with the present terms of use agreement, French Essence has the right to indefinitely suspend or terminate or block access to your membership with the Website and refuse to provide you with access to the Website and to provide its services.

 

ELECTRONIC COMMUNICATIONS

When You use the Website or send emails or other data, information, or communication to us, you agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise. You can unsubscribe from any such emails or newsletters when there is an option available to you as per the terms mentioned in the privacy policy.

 

USE OF PRODUCTS AND SERVICES

The products and services provided by French Essence on this website are for personal use only. Selling or reselling of products and services obtained through French Essence website is completely prohibited, and French Essence reserves its right to take appropriate legal action in adverse situations. Please note that we can call our customers and use their email id for calling purposes regarding order and tracking queries and for marketing campaigns.

Our products are non-returnable due to hygiene and personal care nature of the product.

However, in the unlikely event of damaged, defective, or different item delivered to you, or regarding the delivery kindly contact us within 24 hrs.

 

FEES AND SERVICES

Membership on this website is free. French Essence does not charge for browsing and purchasing the product from this website except for the sale price of the product, applicable taxes as per the laws of India as well as the delivery charges wherever they are applicable. If you purchase any product from French Essence, then you are obligatory to make its payment of charges as per French Essence payment policies. If you do not make payment or refuse to make payment of charges after purchasing a product or services from French Essence then French Essence reserves the right to annul the order or not to deliver the said product or to take measures like issuance of warning, temporarily/indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to www.frenchessence.com and also reserves the right to take legal action which is permissible in law for recovery of the payments in case of non-payment of charges.

 

USE OF THE WEBSITE

By using this website You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

You are solely responsible for your information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

Belongs to some other person to which You do not have any right to.

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

Harm minors in any way.

Violates any law for the time being in force.

Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents the investigation of any offense or is insulting any other nation.

Violate any right of the French Essence or its representatives.

You will not copy any content of this website, which is the proprietary interest of French Essence, copying of which may violate Intellectual Property Rights of French Essence.

You will not use the details available on the website to mislead any third person.

You will not write anything about French Essence on any social networking or post any of its content without the permission of French Essence.

You will not engage in the infringement of the trademark of French Essence by adopting or using the mark French Essence or any mark wherein the mark French Essence forms one of the essential features.

 

LIMITATION OF LIABILITY

In no event shall French Essence be liable for any indirect, incidental, special, incidental, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Website, its services, or this agreement (however arising, including negligence or under torts or under public policy).

 

INDEMNITY

You shall fully indemnify, keep indemnified, defend and hold harmless French Essence, its owners, licensees, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this terms of use or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

DISPUTE RESOLUTION

Generally, transactions are conducted smoothly on www.frenchessence.com. But in case if any issue arises then at www.frenchessence.com, we have a Dispute Resolution process to resolve disputes amicably between Buyers and French Essence. A ‘Dispute’ can be defined as a disagreement between a Buyer and French Essence in connection with a transaction on the Website. At www.frenchessence.com, you can register your grievance at customer care no. or you can write to us at hello@frenchessence.comFrench Essence will make its best possible effort to settle the issue amicably before reaching out to the complainant and try to amicably resolve the matter before taking any legal recourse or defending the same.

 

REPORT AN INTELLECTUAL PROPERTY RIGHT VIOLATION

In the event if You believe Your intellectual property rights have been violated in any manner through the Website, please write to us at hello@frenchessence.comFrench Essence will make its best efforts to safeguard your interest. But in any case, French Essence will not be liable for violation of your Intellectual Property Right by the availability of any third party goods or services which are sold on French Essence website. Please also note that in the event of any claim of the violation of intellectual property right raised against French Essence, then it also reserves its rights to defend the said claims wherever French Essence deems it appropriate.

 

GOVERNING LAW / JURISDICTIONAL ISSUE

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with French Essence shall be governed and construed in accordance with the laws of India subject to the exclusive jurisdiction of courts at Delhi, India.

French Essence – GRIEVANCE OFFICER

This page is published and shall be construed in accordance with the provisions of Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IT Rules”) that requires publishing the name of the Grievance Officer and his/her contact details on the website, such that users or any victim who suffers as a result of a violation of Rule 3 (outlined in our Privacy Policy and Terms of Use) by any other person, can notify their complaints to us.

Further, as per Rule 3(4) of the IT Rules, the Grievance Officer shall acknowledge or respond to Your communication of violation of Rule 3, by any other person, within 36 (thirty-six) hours, and the complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.

Accordingly, the Grievance Officer for the purpose of Your personal delicate information as governed by the Privacy Policy is:

Name: Nidhi Gupta

 

GENERAL

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and French Essence and you shall have no authority to bind French Essence in any manner whatsoever.

If any clause of the Terms of use Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

 

This Agreement sets forth the entire understanding and agreement between You and French Essence with respect to the subject matter hereof. You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Shopbrave.in may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that www.frenchessence.com assigns the Agreement on the same terms. French Essence reserves the right, at its sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the Site. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions.

 

Disclaimer: French Essence personal care products are skin friendly. Despite the fact that tremendous endeavors are made and safeguards are taken to deliver the items totally safe for human use, it is conceivable that certain ingredients may cause allergic reactions for certain individuals or adversely affect people with pre-existing ailments. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precautions/professional medical/dermatological advice before using any of our personal care products that you may be allergic to. You agree that French Essence will not be responsible or liable for any product-related issues, including without limitation any allergic reactions to you on account of the usage of our products. For any purchases made through www.frenchessence.com, you will be entitled to the conditions provided in more detail with the product packaging.