Before you may use the Site, you must read and accept all of the terms and conditions (“T&C”) and the linked Privacy Policy. This T&C is effective upon acceptance and grows the relationship between you and Kokila Henna and Herbals Private Limited including the sale and supply of any goods on the site. If this TOS conflicts with any other document, the T&C will prevail for the purposes of usage of the Site. You may only use certain portions of the Site if you are a registered buyer or seller at Kokila Henna and Herbals Private Limited. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Site in any way.
In the Site, Kokila Henna and Herbals Private Limited provides users with access to sales of 100% chemical free natural herbal items online (the “Service”).
1. Description of Services
www.kokilaherbals.com (“Website”) is an Internet based content and e-commerce portal operated by Kokila Henna and Herbals Private Limited, a Private Limited firm under the laws of India.
Kokila Henna and Herbals is India's leading private shopping club. We bring an array of 100% chemical free herbal henna, natural hair color, natural herbs, ayurvedic lep(For hair removal), Henna cone natural face packs and other natural items for hair and skin.
License and Site Access
Kokila Henna and Herbals Private Limited grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Kokila Henna and Herbals Private Limited’s sole discretion) an unreasonable or disproportionately large load on Kokila Henna and Herbals Private Limited infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Kokila Henna and Herbals Private Limited to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Kokila Henna and Herbals Private Limited.
2. Membership Eligibility
The Kokila Henna and Herbals Private Limited Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Kokila Henna and Herbals Private Limited for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Kokila Henna and Herbals Private Limited account to another party. If you do not qualify, you may not use the Kokila Henna and Herbals Service or the Site.
3. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kokila Henna and Herbals Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kokila Henna and Herbals Private Limited has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Kokila Henna and Herbals Private Limited immediately of any unauthorized use of your account or any other breach of security. Kokila Henna and Herbals Private Limited reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. Pricing Information
We strive to provide you with the best prices possible on products you buy from Kokila Henna and Herbals Private Limited; however, Kokila Henna and Herbals Private Limited does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
While Kokila Henna and Herbals Private Limited strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Kokila Henna and Herbals may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Kokila Henna and Herbals Private Limited will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Kokila Henna and Herbals Private Limited accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Kokila Henna and Herbals Private Limited dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
5. Cancellation by Kokila Henna and Herbals private Limited
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Order cancelled due to product Out of stock /Change in price/ Shipment Delayed:
We make every attempt to deliver exactly what is featured on the site, however on certain occasions, the product tends to get out of stock or there is a change in price. In such cases the order may be cancelled.
Please note that orders which are not delivered within the estimated time period may be cancelled as per Kokila Henna and Herbals private Limited. In such cases Kokila Henna and Herbals Private Limited shall process complete refund of prepaid orders as store credits in customer account.
6. Cancellations by the Customer
In case of requests for order cancellations, Kokila Henna and Herbals Private Limited reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. Kokila Henna and Herbals Private Limited has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Kokila Henna and Herbals Private Limited and accept Kokila Henna and Herbals Private Limited’s decision regarding the cancellation.
7. Fraudulent /Declined Transactions
Kokila Henna and Herbals Private Limited reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Kokila Henna and Herbals Private Limited reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
8. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Kokila Henna and Herbals Private Limited will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Kokila Henna and Herbals Private Limited. Further the said information will not be utilized and shared by Kokila Henna and Herbals Private Limited with any of the third parties unless required for fraud verifications or by law, regulation or court order. Kokila Henna and Herbals Private Limited will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ^prove otherwise^ shall be exclusively on you.
9. Submitted Content
Kokila Henna and Herbals Private Limited does not claim ownership of any materials you make available through the Site. At Kokila Henna and Herbals Private Limited sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Kokila Henna and Herbals Private Limited a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
10. Disclaimer of Warranty
all content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Kokila Henna and Herbals Private Limited does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Kokila Henna and Herbals Private Limited, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will Kokila Henna and Herbals Private Limited be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
11. Limitation of Liability
Kokila Henna and Herbals Private Limited will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 14 days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. Kokila Henna and Herbals Private Limited will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Kokila Henna and Herbals Private Limited, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You expressly understand and agree that Kokila Henna and Herbals Private Limited and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kokila Henna and Herbals Private Limited has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
12. Indemnity
You agree to indemnify and hold Kokila Henna and Herbals Private Limited (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
13. Electronic Communication
When you use the Site or send emails to Kokila Henna and Herbals Private Limited, you are communicating with Kokila Henna and Herbals Private Limited electronically. You consent to receive communications from Kokila Henna and Herbals Private Limited electronically. Kokila Henna and Herbals Private Limited will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Kokila Henna and Herbals Private Limited is under no obligation to review any messages; information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Kokila Henna and Herbals Private Limited may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Kokila Henna and Herbals Private Limited purporting to speak on behalf of Kokila Henna and Herbals Private Limited or containing confidential information or expressing opinions concerning Kokila Henna and Herbals Private Limited. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Kokila Henna and Herbals invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Kokila Henna and Herbals to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
15. Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because Kokila Henna and Herbals Private Limited has no control over such sites and resources, you acknowledge and agree that Kokila Henna and Herbals Private Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kokila Henna and Herbals Private Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
17. Modifications and Notification of Changes
Kokila Henna and Herbals Private Limited reserves the right to make changes to the Site, related policies and agreements, this T&C and the Privacy Policy at any time. If Kokila Henna and Herbals Private Limited makes a material modification to this T&C, it will notify you by: (i) sending an email to the address associated with your account. Kokila Henna and Herbals Private Limited is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Kokila Henna and Herbals to the list of domains approved to send you email (commonly known as your “whitelist”); and (ii) displaying a prominent announcement above the text of this T&C or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the T&C or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the T&C and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the T&C or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the T&C or the Privacy Policy, you may do so by sending an email with the subject line “Termination” to the following email address: Kokilaherbals@gmail.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new T&C or Privacy Policy, as relevant.
18. Survival of Terms after Agreement Ends
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
19. General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Kokila Henna and Herbals Private Limited may offer special promotional offers which may or may not apply to your Kokila Henna and Herbals Private Limited account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Kokila Henna and Herbals Private Limited. This T&C and the relationship between you and Kokila Henna and Herbals Private Limited will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of Kokila Henna and Herbals Private Limited to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Kokila Henna and Herbals Private Limited does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and Kokila Henna and Herbals Private Limited and governs your use of the Site, superseding any prior agreements between you and Kokila Henna and Herbals Private Limited with respect to the Site.
