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Terms & Conditions
1. Introduction: The following terms and conditions regulate the use of this website i.e. https://DeluxToys.com (“DeluxToys” or “website”). By continuing to use the website, you agree that you have read, understood, and are bound by the terms and conditions specified herein. If you disagree with these terms and conditions or any part thereof, you must not continue to use this website. For the purpose of these terms and conditions, the terms, “we”, “our”, “us”, “METRO TRADING” refers to the owner of the website and the terms “you”, “your”, “customer”, “viewer” refers to the user/ consumer of the website.
2. Services overview: The website is operated by METRO TRADING. DeluxToys is an online store which provides an online shopping and delivery service for Sexual Wellness products and such other products as we may have added or listed in the website marketed by us and/or our business partners.
3. Eligibility criteria: The use of this website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under provisions of the Indian Contract Act, 1872. By continuing to use this website, you represent that you are not a minor (i.e. below 18 years of age).
4. Account password and security: The customer may be required to register and login for placing orders from the website. The customer should take all the necessary measures for maintaining the privacy of the password created upon registration and shall also remain responsible for all the activities that occur under the customer’s account. The customer agrees to immediately notify us of any unauthorised use of the account or password. In case of any damage or loss arising out of the customer’s failure to comply with this provision, we shall not be held liable.
5. Pricing and terms of payment: All the products listed on our website shall be sold at the prices mentioned on the website or at such rate as been fixed by us. All the prices are in Indian currency (i.e. Indian Rupee). Unless otherwise specified, the prices cited on the website are exclusive of shipping charges and delivery charges and GST, if applicable. The customer agrees to pay for shipping or delivery charges which shall be added to the quoted price upon placing of the order.
We reserve the right to notify the customer of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event, if the customer chooses to continue with fulfilment of the order, the customer acknowledges that the product or service shall be provided in accordance with such revised description and/or revised pricing. Generally, the prices of the products shall not fluctuate on a daily basis, but in case of any change in price, we shall endeavour to update the same on the website at our earliest, without any prior intimation. However, the prices of some featured items might change regularly and if such changes arise after the dispatch of your order, then it will not affect the customer’s original purchase price as the customer is not liable to pay the revised price, unless the revised price has been effected due to change in tax structure/liability. We reserve all the rights to change the prices or manner or timelines of delivering the product at our discretion. Owing to circumstances like increase in the cost of materials, labour, delivery charges or increase in tax, duty or levy or any variation in exchange rates, we reserve the right to revise the prices and/or to withdraw the discounts, if any. While placing the order, the payment shall be made as per the indicated method on the website and such payment shall be unconditional and irrevocable.
6. Customer’s representation: The customer represents that all the information provided by the customer during the registration or while placing the order is up to date, correct and sufficient for fulfilment of the order. Unless agreed otherwise, any warranties provided in relation to products shall extend only to you on the understanding that you are a customer and not a reseller of those products. Some of the customers may be allergic to or may have certain medical conditions which may require them to avoid or restrict use of certain products and/or materials, it is expected that the customer shall ensure to go through the product details and/or the product information before buying and/or using the same. We shall not be held responsible for any kind of reaction/allergy that occurs because of your use of any product listed on the website. Also note that we shall not be held responsible if any health-related problem occurs due to the use of any product from the said website
7. Unauthorized or fraudulent use: As already mentioned in clause 3 of these terms and conditions, the use of the website is limited to the person who is of 18 years of age or above. By continuing to use the website, the customer guarantees that he/she is 18 years of age or above. Use of the website without compliance to this provision shall be deemed as an unauthorised use of the website. Promotional offers may be extended to the existing or potential customers at regular intervals and the customer agrees to adhere to the terms and conditions of such offer. Non-adherence of such terms and conditions while purchasing the products or accessing the website shall be regarded as a fraudulent use by the customer and the customer shall be held responsible for all the damages which may occur due to such fraudulent use.
8. User conduct and rules (general):
a) The customer undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivatives, sell, lease, translate, decompile or otherwise exploit the website or any portion thereof, by any means.
b) The customer undertakes not to post or publish any information on to the website that is abusive, defamatory, threatening, obscene, indecent, disparaging, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.
c) The customer warrants not to upload or distribute any virus, bugs, trap doors, trojan horses, malware, ransomware, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.
d) The customer agrees not to violate, abuse, manipulate or exploit any of these terms and conditions, any policy or any other guideline as provided under the website. The user undertakes not to make any defamatory, derogatory, abusive, inappropriate, indecent comment, disparaging statement or claim about us and/or our websites or our associates and partners on any property owned by us.
e) The customer shall not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this website. We shall not be liable to the customer nor shall be held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, epidemic, pandemic, lockdown, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event, we may elect to cancel your order and refund any payments made or may delay the delivery of the order, if required.
9. Links to 3rd party sites: DeluxToys may contain links to websites operated by other companies (third party sites). The customer’s use of such third-party websites is not governed by these terms and conditions. The third-party websites are not controlled by DeluxToys and therefore DeluxToys is not responsible for the contents of any linked website. These links are provided to the customer only as a convenience and the inclusion of any link does not imply any endorsement by DeluxToys
10. Disclaimer: Endeavours shall be made by DeluxToys to ensure that the information provided on the website is correct. DeluxToys makes no representation about the suitability, reliability, availability, accuracy or completeness of any data, information, product or service. DeluxToys is a brand platform. DeluxToys does not warrant that the functions provided by DeluxToys will be uninterrupted or error free or that DeluxToys or the server that makes it available are free from viruses or other harmful components. DeluxToys shall not be held liable for any punitive or consequential damages arising out of customer’s use or inability to use the website.
11. Objectionable material: There may be some instances, where customers may likely to encounter contents which are objectionable to some person (the contents may or may not be identified as such). The customer agrees to use the website or such content at his/her sole risk and DeluxToys shall not be held liable for the contents that appear objectionable or indecent to you.
12. Reviews, feedback and comments: The customer has the right to give us a review, feedback, comments or suggestions on the website. The reviews or comments posted on the website are not confidential and are the property of METRO TRADING. The customer agrees to grant DeluxToys the right to use, copy, distribute, display, make derivative and/or modify their posted reviews and comments without any restriction. DeluxToys agrees that the right to use the name, that has been submitted with the reviews or comments, must be explicitly granted by the customer in order for DeluxToys to use, in connection with such review or comment. Further the customer agrees that the comments or reviews posted by the customer shall not violate the DeluxToys’s policy or any other person’s rights. The customer agrees not to post comments or reviews that contain any illegal, scandalous, offensive, obscene, disparaging, or threatening material.
13. Termination: DeluxToys reserves the right to suspend or terminate the customer’s use of the website without giving prior notice, if DeluxToys finds that the customer has violated any of these terms and conditions, policies, or guidelines.
14. Modification of terms and conditions: DeluxToys reserves the right to revise these terms and conditions from time to time without notifying the customer. The revised terms and conditions would be applicable from the date on which the revised terms and conditions are published/uploaded on the website. The customer should regularly review the terms and conditions on the website. In the event the modified terms and conditions are not acceptable, the customer should discontinue using the website. However, if the customer continues to use the service on the website, then the customer shall be deemed to have agreed to accept and abide by the modified terms and conditions for use of this website.
15. Indemnification: The customer agrees to indemnify, defend and hold harmless DeluxToys for any losses, costs, expenses, suits, proceedings (including reasonable attorney fees), or any other liability including any third-party claims relating to or arising out of (i) customer’s use of or unauthorized use of the website; or (ii) customer’s violation of any of these terms and conditions and any of our policies; or (iii) violation of any applicable law, rules, regulations; or (iv) infringement of intellectual property rights of a third party; or (v) submission /uploading of any illegal, scandalous, offensive, obscene, disparaging or threatening material on the website .
16. Severability: If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.
17. Governing law: These terms and conditions shall be governed in accordance with the laws of India. The courts located in Chennai, Tamil Nadu shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with these terms and conditions.
18. Contact: If you have any queries, grievances, feedback or suggestions, please feel free to contact us at [email protected]
19. Infringement policy: The use or access of the website by you does not grant any right, title or Interest in the content or any materials published or displayed on the said website upon you.
All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc., displayed on the DeluxToys website is the exclusive property of METRO TRADING., and that of the brands represented therein, as the case may be, and we reserve all the intellectual property rights in those contents. Customers agree not to use, reproduce, sell, transmit or create derivate work or distribute any content from the website belonging to METRO TRADING. or the brands represented therein. Use of the website does not entitle the customer to make any unauthorised use of any protected content. Customer may use the protected content solely for personal use and will make no other use of the content without prior express written permission of METRO TRADING. and that of the Brands’ in question. Access to the website does not grant the customer any license, express or implied, to the intellectual property of METRO TRADING. or its licensors.
METRO TRADING. respects the intellectual property right of others. In case you find that any contents displayed in the website infringes a copyright, patent, design or trademark, then the consumer shall intimate LDeluxToys to that effect with the following details.
#1: The user’s contact information including user’s name, address, telephone number and email address.
#2: A digital or electronic signature of the person authorised to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
#3: The alleged subject matter of the infringement and its location on the website. The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
#4 A statement that the notifying person believes in good faith that the alleged subject matter is infringing another person’s right.
The above information is necessary for DeluxToys to verify the genuineness of the claim and to investigate the matter. After investigation, if it appears that the claims are not meritless, then DeluxToys would remove the alleged subject matter and disable access to such.