Terms And Conditions of use of Website and Services
1. INTRODUCTION:
a. The domain http://www.smokeinc.in including any web-pages thereof is the web-site (“Website”) of Smoke Incorporated (hereinafter “Smokeinc”, “we”, “us” or “our”) having its registered office at 89/1A Bondel Road, Kolkata 700019
b. Through the Website we intend to sell our event tickets and our original merchandise including but not limited to tickets, clothing, footwear, accessories, jewellery, etc., designed or created by us.
c. Your access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the ‘Privacy Policy’, ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by us from time to time.
2. ACCEPTANCE OF TERMS:
a. These Terms have come into effect immediately.
Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example if your age is below 18 years or you are an un-discharged insolvent you are prohibited to use this Website or purchase any products from this Website or enter into any form of contract with Smoke Inc. The Website is also not available to persons whose membership has been suspended or terminated by Smoke Inc. for any reason whatsoever.
b. By using the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood these Terms, various policies and signify your acceptance to be bound by them in entirety.
c. Except where additional terms and conditions are provided which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.
d. If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at contact@smokeinc.in
3. PRIVACY POLICY AND OTHER POLICIES:
a. By accessing the Website or sharing information on the Website, you permit Smoke Inc to use your information including personal or sensitive personal data/information (“Information”) as provided or may be provided to Smoke Inc and stored by the Website in electronic medium in connection with your visiting the Website or ordering products made available on the Website, etc. It is further clarified that the term Information shall also include any information made available to us by you at the time of registration, buying or listing process, in the feedback area, blog area or through any e-mail feature or a written letter or form mailed or submitted to any of our stores and/or offices. We will protect your Information in accordance with our Privacy Policy.
b. By accessing the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood the Privacy Policy. You further consent that the terms and contents of such Privacy Policy are acceptable to you.
c. In addition to the Terms and ‘Privacy Policy’, you shall also be bound by ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by Smoke Inc. from time to time.
d. We reserve the right to modify or update these Terms including any policy at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
e. You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and Smoke Inc, even though it is in electronic form and is not physically signed by you and us. Thus you acknowledge and agree that by mere use of the Website, you shall be contracting with Smoke Inc. and these Terms and various policies will be binding upon you.
f. If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
g. Unless context otherwise require, all policies whether in force presently or introduced subsequently shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy the provisions of such policy shall prevail.
4. SITE ACCESS
smokeinc.in grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of devnil.com. You may not use any proprietary information (including images, text, page layout, or form) of smokeinc.in and our affiliates without express written consent. You may not use any meta tags or any other hidden text utilizing smokeinc.in name or trademarks without our express written consent. Any unauthorized use terminates the permission granted by smokeinc.in. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of smokeinc.in so long as the link does not portray devnil.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any smokeinc.in logo or other proprietary graphic or trademark as part of the link without express written permission.
5. COPYRIGHT
At Smoke Inc. we value and share your concerns about privacy and security. By visiting us, the user is committing to reading, browsing and accessing all our information subject to the guidelines and terms of use applicable to such services. If it is not acceptable, kindly refrain from accessing or visiting our site. All content published on this site including texts, graphics, audio clips, images, logos etc. are the exclusive property of smokeinc.in. Any use of said content without our express consent in any other form without our prior knowledge or approval is explicitly forbidden and subject to the copyright law.
6. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. smokeinc.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
7. PRODUCT DESCRIPTIONS
smokeinc.in and its affiliates attempt to be as accurate as possible. However, smokeinc.in does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by smokeinc.in itself is not as described, your sole remedy is to return it in unused condition.
8. PRICING
The pricing is subject to Smoke Inc. internal pricing policy and the prices shall be determined only at the sole discretion of Smoke Inc. Thus the prices are subject to change at any time, without any notifications. Further the prices and availability of product(s)/merchandise(s) are liable to change without any prior notice from Smoke Inc. Unless otherwise mentioned, the price displayed on the Website for any product(s) in INR represents the full price of the product(s) to be shipped in India. Unless otherwise mentioned, the price displayed on the Website for any product(s) in foreign currency represents only the price of the product(s) to be shipped outside India and excludes charges towards foreign shipping cost, any custom fees, import duties, taxes and levies which would be extra. It may be noted that in case of international sale, Smoke Inc cannot provide the quantum of any custom fees, import duties, taxes and levies. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. Further also take note that the actual amount to be paid by you as an international purchaser will be the equivalent amount in the currency of your credit card/debit card, as per the currency conversions done by your bank/credit card/debit card provider on the date of billing.
9. SHIPPING
Shipping is charged extra over and above the cost of the product and depends on the location. If you fail to take the delivery of the goods, Smoke Inc may at its discretion charge you for additional shipping costs.
10. PAYMENTS
All payments made against the purchases/services on smokeinc.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done to ensure a safe and a full proof online shopping environment to our users. We may employ third-party facilities for Payments on the Website. Such payments can be made through the electronic transactions, as may be permitted by Smoke Inc. which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities. While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorisation for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
11. DELIVERY
Smoke Inc endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Smoke Inc fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Smoke Inc may at its discretion charge you for additional shipping costs.
Delivery time provided is a guideline only and does not take into account possible delays that may arise due to payment authorization. Estimated delivery times are to be used as a guide only and may vary sometimes due to factors beyond our control. We are not responsible for any delays caused by destination customs clearance processes. Or by factors such as a transportation strike or disruption of delivery services in any area due to any reason whatsoever. We are unable to redirect orders once items have been dispatched. Please provide the complete & accurate shipping address including pin code and a mobile number. We cannot initiate a refund if the customer has provided wrong or incomplete shipping address.
All domestic and international orders of items purchased off the rack should take about 2-4 weeks for delivery from the date of purchase. All domestic and international customised orders should take about 6-8 weeks for delivery from the date of placement of order.
Please note that all stipulated delivery timelines might be affected by prevailing postal and delivery situations during the COVID-19 pandemic related lockdowns and restrictions.
12. CANCELLATION AND RETURN POLICY
No exchange no refund policy on any purchase unless the event is cancelled by Smoke Inc.
Full refund will be done within seven working days in case SmokeInc. or the artists decides to cancel the event.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by smokeinc.in on an as is and as available basis. smokeinc.in makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, smokeinc.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and service for a particular purpose. smokeinc.in will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
14. EXACTNESS
Smoke Inc has taken all steps to ensure that the colour, size, shapes, design and other features of the products/merchandise that are displayed on our Website is accurately reproduced so as to resemble the actual product. However the graphical display i.e. visuals of the products/merchandise would be dependent upon the configuration of your computer resource. We do not guarantee that the colour of products/merchandise displayed on the Website in your computer resource accurately represents the actual product/merchandise.
15. FORCE MAJEURE:
Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”). Party affected by Force Majeure event shall as soon as reasonably possibly send a written notice to the other party of occurrence of Force Majeure event. If the Force Majeure event continues for more than 3 months from the date of placement of purchase order for any product(s), either party may cancel the purchase order immediately by giving the other party a written notice of the termination of contract. In case of termination of contract/purchase order due to Force Majeure event , you further agree to make payment for the product(s) so delivered prior to occurrence or during the occurrence, if any of the Force Majeure event