Terms & Conditions
FAIR USAGE POLICY
We go to extensive lengths for a smooth user experience. However, at times we need to be stringent with our policies to serve our customers better. We have noticed that although a vast majority of our customers have genuine concerns, where we are always upfront to support; there are some accounts that abuse our liberal return and exchange policies. These accounts typically return items, choose not to accept our shipments, or demand cashback for issues that we are not responsible for. Hence, our regular customers are deprived of the opportunity to purchase these products themselves. To protect the right of our customers, our customer care support team reserves the right to assess, judge, and then take the necessary action at their discretion.
IMPAIRMENT & DAMAGES
We take the utmost care and accountability while sending our products to you. Your package is screened and goes through an extensive quality check so that we deliver the best to you. However, if you have received damaged items through your order on our website directly, kindly contact the customer service team within 24 hours of the order delivery. Please keep a note of the following:
1. Do not use the products
2. Take proper snapshots of the products
3. Keep the invoice copy with you
If, however, the order is placed through an online marketplace, please raise the issue with our customer service team. In such a case, Smith & Blake is not responsible for any damages caused.
CHANGE OF PACKAGING
Packaging, and communications at Smith & Blake undergo constant innovation and changes. For the purpose of these terms of use, wherever the context so requires “you”, “yourself”, “client” or “user” or similar terminology are all in use about the individual user of this Website. The terms “we”, “us”, “our”, “ours” shall refer to Smith & Blake.
Smith & Blake provides its services to you subject to the notices, terms, and conditions outlined in this agreement (hereinafter referred to as the “Terms”). Besides, when you use any www. Smith andBlake.in service, you will be subject to the rules, guidelines, policies, terms, conditions, and documents applicable to such service, and they are incorporated into these Terms by this reference.
By mere use of the Website, you shall be contracting with Smith & Blake and these Terms including the policies represent a binding contract between you and us. Therefore, you should read these Terms carefully before you start to use the Services. Smith & Blake retains the right to deny access to anyone who we believe has violated any of these Terms.
ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. CHANGES TO THESE TERMS
We reserve the unilateral right to revise these Terms from time to time and at any time without providing any intimation to you and in our sole discretion. We will post the new version of these Terms or any policies on this Website and any change or modification to these Terms shall be effective immediately from the date of such upload of
the revised Terms on the Website. Your continued use of the Website following the modifications to the Terms and policies constitutes your acceptance of the modified terms and conditions whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms and other policies.
2. CHANGES TO WEBSITE
To optimize and improve your experience, we may update the Website from time to time and may change the content, display, or form at any time without prior notice. We do not guarantee that the Website, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Website or any of the content provided on it.
3. ELIGIBILITY
You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) to use the Website. If you are under 18 (eighteen) years of age, you may use this Website only with the involvement of a parent or guardian.
4. TERMS OF SERVICES
4.1. Registration and Information. To use the Website and avail of the services, you are required to sign up by creating an account. The account information will not be used for any other purpose except with your prior consent. You must read, agree with and accept all of the terms and conditions contained in these Terms, including the Privacy Policy. You will be responsible for maintaining the
confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password.
4.2. During the registration process you are also required to submit your personal information, which may include information relating to your name, age, gender, mobile device, location, etc. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current, and complete. You agree to maintain and update this information to keep it true, accurate, and complete at all times while using the Website and availing of the services. You also acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
4.3. If you are accessing, browsing, and using the Website or availing the services on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to these Terms, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
4.4. If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided on the Website. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Smith & Blake.
4.5. Prohibited Uses. You shall not use the Website for any illegal, unlawful, unauthorized, or prohibited purposes (“Prohibited Uses”) nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You will comply with all applicable laws, rules, and regulations in your use of the Website. In the event you use the Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing the Website in the future.
4.6. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in Smith & Blake best interests to do so. You are solely responsible for all contents that you upload, post, email, or otherwise transmit via the Website. The information provided to us shall be maintained by us following our Privacy Policy.
5. USER CONTENT
5.1. You retain ownership and sole responsibility for any text, messages, chat communications, billboard postings, software, photos, drawings, graphics, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted, uploaded, emailed, transmitted or otherwise made available to the Website by you (collectively “User Content”). Therefore, you are responsible for User Content and you must ensure that you have all the rights and permissions needed to use User Content on the Website.
5.2. By using the Website you grant us a worldwide, perpetual, unrestricted, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content, but only for the limited purposes of providing the services to you and as otherwise permitted by our privacy policies. This license continues even after you stop using our Website. You acknowledge that this license includes the right for us
to make User Content available to other users of the Website, who may use User Content subject to these Terms.
5.3. You can remove your content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of User Content.
5.4. Smith & Blake does not endorse or control the User Content transmitted or posted on the Website and therefore, accuracy, integrity, or quality of User Content is not guaranteed by Smith & Blake. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Smith & Blake be liable in any manner whatsoever for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content. You hereby waive all rights to any claims against Smith & Blake for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
5.5. You hereby acknowledge that Smith & Blake has the right, but not the obligation, in its sole discretion to refuse to post or to remove any User Content and further reserves the right to change, condense, or delete any User Content.
6. TERMINATION
6.1. These Terms are effective unless and until terminated by either you or Smith & Blake.
6.2. You agree that Smith & Blake, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
6.3. You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice, and you agree that Smith & Blake will not be liable to you or any third party for any such termination.
6.4. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Smith & Blake may have at law or in equity.
6.5. Upon termination for any reason of the Terms by either you or Smith & Blake, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of these Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms.
7. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
7.1. The Website is presented “as is” and “as available” basis without any warranty or condition, express implied, or statutory. Neither we
nor our affiliates, partners, directors, employers, agents, licensors, or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
7.2. You agree that in no event will Smith & Blake or its affiliates, directors, employees, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
(i) these Terms;
(ii) the Website; or
(iii) your use or inability to use the Website.
7.3. In no event will Smith & Blake or any of its contractors, directors, employees, agents, Smith & Blake -party partners, licensors, or suppliers' total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to:
(i) these Terms;
(ii) the Website;
(iii) your use or inability to use the Website; or
(iv) any other interactions with Smith & Blake,
howsoever caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or Website.
7.4. In no event will Smith & Blake or any of its contractors, directors, employees, agents, third-party partners, licensors, or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission, or negligence to which you contributed.
7.5. Smith & Blake does not warrant that the product description, colour information or other content available on the website accurate, complete, reliable, or correct
7.6. Smith & Blake does not warrant that the access or usage of the Website will be uninterrupted, timely, secure, or error-free.
7.7. The website may content typographical errors or inaccuracies and may not be complete or updated.
Such errors, inaccuracy may also related to pricing and availability of the product or services.
7.8. You agree that no claims or action arising out of, or related to, the use of the Website or these Terms may be brought by you more than 1 (one) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the
Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you.
7.9. Health Disclaimer. Any statements on this Website or any materials or supplements distributed or sold on this Website have not been evaluated by the Food and Drug Administration (FDA). The products on the Website are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest that you should consult with a physician before using any of our products. The results on all products available on the Website are not typical and not everyone will experience these results.
8. INDEMNIFICATION
You agree to defend, indemnify and hold Smith & Blake and its affiliates, contractors, employees, officers, directors, agents, and third-party partners harmless from any claims, losses, damages, liabilities, costs, and expenses, including without limitation, legal fees, and expenses, caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of these Terms or any of the covenants made by you herein, which may result in any loss or liability to Smith & Blake or any third party.
9. INTELLECTUAL PROPERTY RIGHTS
All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including
copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The compilation of all content on the Website is our exclusive property and is protected by laws of India and international copyright and database right laws. All software used on the Website is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright, authors’ rights law, and other intellectual property rights. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
10. LICENSE TO USE WEBSITE
10.1. We grant you a limited license to access and make personal use of the Website, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots, or similar data gathering and extraction tools.
10.2. Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited,
distributed, or otherwise exploited for any commercial purpose without our express written consent.
11. PRIVACY
By using the Website, you agree to our Privacy Policy https://www. SmithandBlake.in/policies/privacy-policy, the terms of which are incorporated into, and form a crucial part of, these Terms. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you, or that you provide to us. Our Privacy Policy shall also apply to your use of Website and by using Website, you consent to such processing and you warrant that all data provided by you is accurate.
12. CANCELLATIONS, REFUNDS, AND RETURNS
Please refer to our Cancellation, Refunds, and Returns Policy for details for cancellations, refunds, and returns of our products.
13. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy for details concerning the shipping and delivery of our products.
14. Payment Method:
The Payments for the Products available on the Website may be made in the following ways:
a. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal and reward points.
b. Cash on Delivery.
15. Chat Facility:
The chat facility has been provided to help you with any and all Website related queries. Any use of this service shall be subject to the following conditions:
a. The Company may suspend the chat service at any time without notice.
b. The Company or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
c. Communication through chat may be stored by the Company for future reference, and the user of such service will not have the right to access such information at any future date.
d. While 'chatting', you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
e. The chat room shall not be used to sell any products, to give suggestion 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 and conditions.
16. PRICES AND AVAILABILITY OF PRODUCTS
16.1. Without limiting the generality of Clause 14 (Cancellations, Refunds, and Returns), if a product/ service is listed at an incorrect price or with incorrect information due to any technical error, Smith & Blake shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been delivered or the service already been availed by you. If an item is wrongly priced, Smith & Blake may, in its sole discretion either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services availed, your offer will not be deemed accepted Smith & Blake will have the right to modify the
price of the product/service and contact you for further instructions using the contact details provided by you.
16.2. Prices and availability of the products and service provided or offered on the Website are subject to change without prior notice and at the sole discretion of Smith & Blake may revise and cease to make available any product/service at any time.
GENERAL
Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.
Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.
Entire Agreement: This T&C comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
Governing Law and Jurisdiction: This T&C shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Delhi without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, other than in courts located in State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this T&C.
Termination: The Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms of this T&C. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. This T&C will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it.
Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. The users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this T&C to anyone. The Company may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.
By using this Website or ordering Products from this Website, you agree to be bound by this T&C.
Survival. If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain in full force and effect.
Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website.
Customer Service Desk:
Email: stepupbrands@gmail.com
Phone Number: 8802170407
Contact Days: Monday-Friday (From 9:00 Am to 6:00pm)
Grievance officer: The name and contact details of the Grievance Officer to handle any complaints in relation to the sale of Products or use of this Website are provided below:
Name:
Email:
Phone Number: