General sales conditions

TERMS OF SERVICES

1. Website Usage
 

This website www.thalgo.in hereinafter referred as “Thalgo India” is owned by Thalgo Cosmetic S.A., 83520 Roquebrune S/A, France, Thalgo Cosmetic S.A., 83520 Roquebrune S/A, France hereinafter referred as “Thalgo France” and operated by its distributor Ocea Marine Cosmetics Private Limited a company incorporated under the provisions of the Companies Act, 1956 with its registered office at 1/A, PRAKASH KUNJ, 10th ROAD, DAULAT NAGAR, BORIVALI(E), MUMBAI - 400066, MAHARASHTRA, INDIA together hereinafter referred as “OMCPL”. You may be accessing our Site from a computer, mobile phone or any other device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Website. The Website is only to be used for your personal non-commercial purpose and information. Your access and use of the services and features of the Website shall be governed by these Terms and Conditions (hereinafter “Usage Terms “) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together referred as “Policies”) as modified and amended from time to time.

2. Assent & Acceptance

By using or merely accessing the Website, you warrant and acknowledge, without limitation or qualification, that you have read and reviewed the terms of use, services and agree to be bound by these Terms of Use and the Polices, whether you have read the same or not. Using this Website, browsing accessing or otherwise you automatically confirm your unconditional acceptance to all the Terms of Use. Therefore carefully read these terms & Conditions before proceeding. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Website. You are responsible to ensure that your access to this site and material available on or through it are legal in each jurisdiction, in or through which you access or view the website or such material.

3. Account Info.

You must be at least 18 years to use this website or services herein contained. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Thalgo France and OMCPL or its associates do not knowingly collect information from minors. You will be responsible for maintaining 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. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. 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 Thalgo India. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Thalgo India best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

4. Product Info.

Thalgo India attempts to be as accurate as possible in the description of the product on the website. However, Thalgo India does not warrant that the product description, colour, information or other content of the site is accurate, complete, reliable, current or error-free. The site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. Thalgo India reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

5. Use of Product

The products and services available on the site, and the samples, if any, that site may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. You should carefully read the individual terms and conditions in relation to the products and to determine its suitability consult a specialist before the use of the same.

6. Recommendation of Product

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product by Thalgo India or any of its associates in any manner.

7. Price Info

Thalgo India strives to provide accurate product and pricing information, however errors may occur. Thalgo India confirms the price of the product only when you make the order. Without limiting the generality of Clause (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Thalgo India shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product unless the product has already been delivered. In the event that an item is wrongly priced, Thalgo India may, at its 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, your offer will not be deemed accepted and Thalgo India 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 placing of order, or cancel the order and notify you of such cancellation. In the event that Thalgo India accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Thalgo India’s 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 to your credit / debit card/bank account. Availability and price of the products offered on the site are subject to change without giving prior notice and at the sole discretion of Thalgo India, it may revise and cease to make available any product at anytime. In the event, Thalgo India is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Thalgo India shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

8. Mode of Payment

Payments for the products available on the Site may be made in the following ways: · Payments can be made by Credit Cards, Debit Cards, Net Banking. Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure speedy and faster processing of your order.

9. Content of the User

The information, communication, text, software, data, music, sound, graphics, messages, photo, image, videos or other materials transmitted, uploaded, posted, emailed or otherwise provided to us are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree not to encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that :

1.         Users do not have any right and belong to another person.

2.         Impersonate another person.

3.         Intrusion in another’s privacy, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racial, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

4.         Infringes any patent, trademark, copyright or other proprietary rights.

5.         Violates any law for the time being in force.

6.         Misleads or deceives the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

7.         Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

8.         Intimidate the unity, integrity, defence, security or sovereignty of India.

Thalgo India shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Thalgo India does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Thalgo India. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Thalgo India be liable in any way 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 transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Thalgo India 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. You hereby acknowledge that Thalgo India has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Thalgo India has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others. If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at om@om-india.in and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

10. Intellectual Property Rights

Unless expressly agreed otherwise in writing for use, the entire copyrights and all other intellectual and industrial property rights relating to the items or services supplied by the Company/Thalgo India, such as trademark rights, design rights, patent rights, sui generis database rights, etc., shall exclusively be of the Company/Thalgo India and / or its suppliers.  The content on this site, such as text, images, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company/Thalgo India or the content suppliers and is protected by applicable copyright and other laws.  Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this website, whether registered or unregistered of Thalgo France and OMCPL or others, are the intellectual property of their respective owners, and Thalgo France and OMCPL shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. Thalgo India and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the website is the exclusive property of Thalgo India and is protected by the Indian copyright laws and International treaties and other arrangements. Consequent upon, the materials on this website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. The Contents and software on this website are to be used only as an e-commerce shopping source. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless until Thalgo France and OMCPL explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Thalgo France and OMCPL, any of its affiliates or by third parties who have licensed their materials to OMCPL and are protected by Indian copyright laws and international agreements, arrangements and treaties.

11. Limited License

Thalgo India allows and grants you for limited, non-exclusive, non-transferable, non-sub licensable license to access, and make personal and non-commercial use of the website. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. Thalgo India reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the website and to block and prevent your future access to the website.

12. Representations and Warranties

On this website we make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Thalgo India shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this website. You acknowledge that this website is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this website. Thalgo India shall have the right, at any time, to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Thalgo India does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the website. Thalgo India through the website intends to provide its users with general information about beauty topics and products. The website encourages its users to interact with OMCPL and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the website or on social networking sites, including the website’s Instagram, Facebook page etc., or any information provided over chat or e-mails exchanged with OMCPL, its employees or representatives (collectively referred to as “Information “) which are in furtherance of any communication made by the user with OMCPL its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestions or be used for any medical diagnosis or treatment. While Thalgo India takes reasonable care to ensure that the Information is accurate, Thalgo India makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by OMCPL or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Thalgo France and OMCPL, its employees, representatives or affiliates be liable for the Information or the consequences of relying on such information. In keeping with OMCPL objective of providing \its users with general information about beauty and healthcare topics and products, OMCPL experts having knowledge of in their respective fields (''Specialist “) to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites, including the Site’s facebook page (collectively referred to as “Specialist’s Opinion”) is based on the Expert’s personal opinion. The Specialist’s Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. OMCPL makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Specialist Opinion. In case any user relies on such a Specialist Opinion, he/she may do so at its own risk. Under no circumstances will the OMCPL, its employees, representatives or affiliates be liable for such Specialist’s Opinion or for the consequences of relying on such Specialist’s Opinion. For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.

13. Disclaimer of Warranty and Limitation of Liability

Thalgo India nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site 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. You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Thalgo France and OMCPL we make no representations or warranties that defects or errors will be corrected. Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed. You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) 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 site, termination
of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you. This disclaimer constitutes an essential part of this Terms of Use.

14. Hyperlinks and Third Party Sites

Thalgo India provides references on the website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply OMCPL endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Thalgo India. Thalgo India is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Thalgo India does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

15. Termination

These Terms of Use are valid unless and until terminated by either you or Thalgo India. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this website. Thalgo India may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the website, such termination will be without any liability to the website. Upon any termination of the Terms of Use by either you or Thalgo India, 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 the Terms of Use shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the Terms of Use.

16. Indemnity

By use of this site you expressly and impliedly agree to defend, indemnify and hold harmless Thalgo India, Thalgo France, OMCPL, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Thalgo India or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

17. Arbitration, Governing Laws and Jurisdiction of Courts

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Delhi. Without any prejudice Thalgo France and OMCPL shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration. All disputes, claims, Terms of Use and the Policies shall be construed in accordance with the applicable laws of India shall be subject to the exclusive and irrevocable jurisdiction of courts at Delhi.

18. Force Majeure

The company shall not be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, epidemic, pandemic, labour stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.

19. Website Security

You are prohibited from violating or attempting to violate the security of the website, including, without limitation,

1.         accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

2.         attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

3.         attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”

4.         sending unsolicited email, including promotions and/or advertising of products or services; or

5.         forging any header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.

Thalgo India and OMCPL is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from OCEA MARINE COSMETICS PRIVITED LIMITED on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

20. Entire Agreement

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Thalgo India with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. OMCPL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

21. General

You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms and Conditions, please email us at below email ID.

22. CONTACT US:

Customer Care
E-mail id: om@om-india.in
Phone: 022-20890000