Effective Date: 20.07.2021
1. Introduction
1.1 Agreement: These Terms and Conditions (“Terms”) govern your use of the Now & Forever Handcasting Private Limited Website (the “Website”). By accessing or using the Website, you agree to be bound by these Terms.
1.2 Acceptance of Terms: By accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future amendments or modifications.
1.3 Age Restriction: By using the Website, you affirm that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are accessing the Website on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms.
1.4 Changes to the Terms: Now & Forever Handcasting Private Limited reserves the right to modify, update, or replace these Terms at any time, without prior notice. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Website after the posting of any modifications constitutes acceptance of such changes.
2. Use of the Website
2.1 License: Subject to your compliance with these Terms, Now & Forever Handcasting Private Limited grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes.
2.2 Account Registration: Some features of the Website may require you to create a user account. You agree to provide accurate and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 User Conduct: You agree to use the Website only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You shall not engage in any activity that interferes with or disrupts the Website’s functionality or security.
2.4 User Content: By submitting any content, including images, text, or videos, to the Website (“User Content”), you grant Now & Forever Handcasting Private Limited a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, distribute, display, and perform the User Content in connection with the Website’s operation.
2.5 Prohibited Content: You agree not to submit any User Content that is illegal, obscene, defamatory, infringing, or violates any third-party rights. Now & Forever Handcasting Private Limited reserves the right to remove or disable any User Content that violates these Terms.
2.6 Website Availability: Now & Forever Handcasting Private Limited makes no representations or warranties regarding the availability of the Website or its uninterrupted operation. We reserve the right to modify, suspend, or discontinue the Website, or any part thereof, at any time without prior notice.
2.7 Third-Party Services: The Website may integrate with or provide links to third-party services, websites, or applications. Your use of such third-party services is subject to the terms and conditions and privacy policies of those third parties. Now & Forever Handcasting Private Limited has no control over and assumes no responsibility for the content, privacy practices, or actions of any third-party services.
3. Intellectual Property Rights
3.1 Ownership: The Website, its content, and all intellectual property rights therein are owned by Now & Forever Handcasting Private Limited or its licensors. The Website’s design, layout, graphics, logos, icons, and trademarks are protected by copyright, trademark, and other intellectual property laws.
3.2 Limited License: Subject to your compliance with these Terms, Now & Forever Handcasting Private Limited grants you a limited, non-exclusive, non-transferable license to access and use the Website and its content for personal, non-commercial purposes.
3.3 Restrictions: Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the Website or its content, in whole or in part.
3.4 Copyright Infringement: Now & Forever Handcasting Private Limited respects the intellectual property rights of others. If you believe that any content on the Website infringes your copyright, please contact us at info@nownforever.in with the following information:
(a) A description of the copyrighted work that you claim has been infringed;
(b) Sufficient information to identify the allegedly infringing content;
(c) Your contact information, including your name, address, telephone number, and email address;
(d) A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(e) A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
4. Product and Service Information
4.1 Product Descriptions: Now & Forever Handcasting Private Limited strives to provide accurate and detailed information about its hand casting products and services on the Website. However, we do not warrant that the product descriptions, images, or other content on the Website are entirely accurate, complete, reliable, current, or error-free.
4.2 Pricing and Payment: The pricing and availability of products and services displayed on the Website are subject to change without notice. Now & Forever Handcasting Private Limited reserves the right to modify prices or discontinue products or services at any time. All payments must be made in the currency specified on the Website.
4.3 Orders and Acceptance: Placing an order on the Website does not constitute acceptance by Now & Forever Handcasting Private Limited. We reserve the right to accept or decline any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspicion of fraudulent activity.
4.4 Shipping and Delivery: Now & Forever Handcasting Private Limited will make reasonable efforts to ship hand casting products within the specified timeframe. However, delivery dates are estimates and not guaranteed. Shipping costs, if applicable, will be displayed during the checkout process. Any damage to the product, if done during delivery, shall not be the responsibility of Now & Forever Handcasting Private Limited.
4.5 Returns and Refunds: If you are dissatisfied with a hand casting product purchased from the Website, please refer to our Returns and Refunds Policy, available on the Website, for information on the return process and eligibility for a refund.
4.6 Limitations on Liability: Now & Forever Handcasting Private Limited’s liability for any hand casting products or services shall be subject to the limitations and exclusions set forth in the applicable Returns and Refunds Policy.
5. Purchase of Goods
5.1 Orders and Stock
5.1.1 Now & Forever Handcasting Private Limited only accepts orders from customers of 18 years of age or older. Once paid via the checkout process, You will receive a confirmation email. From the point of payment, a contract exists between Now & Forever Handcasting Private Limited and the purchaser. The Terms and Conditions governing all Sales and Services provided through the website are accessible online at the bottom of each page and we assume you agree to be bound by these at point of purchase. Upon submission of an order, only Now & Forever Handcasting Private Limited may decline to proceed with the order and refund the amount received.
5.1.2 In case of an error with respect to the stock and pricing, Now & Forever Handcasting Private Limited are not obliged to supply the Products and Services at the price stated and will instead cancel the order and refund in full or recommend alternative items.
5.2 Delivery
5.2.1 Delivery services are offered as you checkout and estimates of delivery dates are provided on the delivery page. The delivery costs are based on the total approximate packed weight and/or volume of the items in your cart. Delivery dates are approximate and not guaranteed. If you need your goods for a tight deadline please choose Express delivery if offered. Express delivery may not always be available.
5.2.2 Free delivery promotions may be advertised at our sole discretion and may be withdrawn at any time without notice.
5.2.3 If you have not received your item, a claim of non-receipt must be made by email within 30 days of noted dispatch date.
5.3 International Shipping Disclaimer
5.3.1 You, the buyer, are responsible for any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods. We do not collect this beforehand, and cannot give you an estimate of the cost – charges vary around the world.
5.3.2 It is your full responsibility to verify the customs, duties charges, and procedures in your country prior to placing your order. If you are unfamiliar with customs fees and charges, please speak to your local postal or customs office for more information.
5.3.3 If customs fees and charges are refused at the time of delivery, your order will be returned and you will not receive a refund for shipment costs.
5.4 Non-delivery Surcharges
5.4.1. It is your responsibility as the customer to receive the order on the date of the delivery. In case of any failure in doing so, you make contact the shipping partner to rearrange your delivery. Any order that is returned back to us, shall be shipped after payment of re delivery charges.
5.4.2 Incorrect delivery details may lead to delays in the delivery of your goods, so before placing your order, please ensure that you have included the full Delivery address details, including accurate delivery Country and Postcode of the intended recipient and your contact telephone number in the event that any delivery problems are encountered. Any loss or delay due to submission of incorrect address shall not be the responsibility of Now & Forever Handcasting Private Limited.
5. User Obligations and Responsibilities
5.1 Account Security: You are responsible for maintaining the security of your user account and any associated passwords. You agree to promptly notify Now & Forever Handcasting Private Limited of any unauthorized use of your account or any other security breaches.
5.2 Compliance with Laws: You shall comply with all applicable laws, regulations, and third-party rights when using the Website. You agree not to use the Website for any illegal, unethical, or unauthorized purposes.
5.3 Prohibited Conduct: When using the Website, you shall not engage in any conduct that:
(a) Violates any applicable laws, regulations, or third-party rights;
(b) Interferes with or disrupts the functionality or security of the Website;
(c) Harasses, threatens, or abuses others;
(d) Uploads, posts, or transmits any User Content that is illegal, harmful, obscene, defamatory, or infringing;
(e) Impersonates any person or entity or falsely claims an affiliation with any person or entity;
(f) Uses any automated means to access or collect information from the Website, unless explicitly permitted by Now & Forever Handcasting Private Limited.
5.4 Feedback: Now & Forever Handcasting Private Limited welcomes feedback, comments, suggestions, or ideas regarding the Website or its products and services (“Feedback”). By providing Feedback, you grant Now & Forever Handcasting Private Limited a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, and display the Feedback for any purpose without any obligation to compensate you.
6. Privacy and Data Protection
6.1 Privacy Policy: Now & Forever Handcasting Private Limited is committed to protecting your privacy and handling your personal information in accordance with applicable laws and regulations. Please review our Privacy Policy, available on the Website, to understand how we collect, use, disclose, and protect your personal information.
6.2 Data Security: While Now & Forever Handcasting Private Limited takes reasonable measures to protect the security of your information, no data transmission or storage system can be guaranteed to be 100% secure. You acknowledge and agree that you provide your personal information at your own risk.
7. Disclaimer of Warranties
7.1 General Disclaimer: The Website, its content, and any products or services obtained through the Website are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
7.2 Accuracy of Information: Now & Forever Handcasting Private Limited strives to provide accurate and up-to-date information on the Website. However, we do not warrant the accuracy, completeness, reliability, or timeliness of any information or content on the Website.
7.3 Third-Party Content: The Website may contain links to third-party websites or resources. Now & Forever Handcasting Private Limited does not endorse, control, or assume any responsibility for any third-party websites, content, or services. Your interactions with third parties through the Website are solely between you and such third parties.
7.4 Limitation of Liability: To the maximum extent permitted by applicable law, Now & Forever Handcasting Private Limited and its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website, its content, or any products or services obtained through the Website.
7.5 No Professional Advice: The content provided on the Website is for informational purposes only and should not be considered professional advice. You should consult with a qualified professional before making any decisions or taking any actions based on the information obtained from the Website.
8. Indemnification
You agree to indemnify and hold Now & Forever Handcasting Private Limited and its directors, officers, employees, affiliates, agents, contractors, or licensors harmless from any claims, demands, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Website, your User Content, or your violation of these Terms.
9. Governing Law and Jurisdiction
9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
9.2 Jurisdiction: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located at Chandigarh, India.
10. Severability and Entire Agreement
10.1 Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
10.2 Entire Agreement: These Terms constitute the entire agreement between you and Now & Forever Handcasting Private Limited regarding your use of the Website and supersede all prior or contemporaneous agreements, communications, and proposals.