Term and Conditions

Terms & Conditions

Welcome to www.elementapple.com

www.elementapple.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at www.elementapple.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future www.elementapple.com service or visit or purchase from any business affiliated with www.elementapple.com, whether or not included in the www.elementapple.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Policy, which also governs your visit to www.elementapple.com, to understand our practices.

Electronic Communications

When you visit www.elementapple.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.elementapple.com or its content suppliers. The compilation of all content on this site is the exclusive property of www.elementapple.com. All software used on this site is the property of www.elementapple.com or its software suppliers.

Trademarks

Element Retail Private Limited has been registered under the Trade and Merchandise Act and Rules at Mumbai under different classes with registration number. Any violation of our trademarks will be liable for legal action.

Site Access

www.elementapple.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.elementapple.com. You may not use any proprietary information (including images, text, page layout, or form) of www.elementapple.com and our affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing www.elementapple.com’s name or trademarks without the express written consent of www.elementapple.com. Any unauthorized use terminates the permission granted by www.elementapple.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.elementapple.com so long as the link does not portray www.elementapple.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.elementapple.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. www.elementapple.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Product Descriptions

www.elementapple.com and its affiliates attempt to be as accurate as possible. However, www.elementapple.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.elementapple.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product and international shipping charges, unless specified otherwise in the Shipping Fees. With respect to items sold on www.elementapple.com, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  • Please note that this policy applies only to products sold and shipped by www.elementapple.com.
  • The prices displayed on this site are quoted in Indian Rupees (INR) which you can view in your preferred currency using the currency converter link. This currency converter is only indicative and a value added tool. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.

Disclaimer Of Warranties And Limitation Of Liability

This site is provided by www.elementapple.com on an “as is” and “as available” basis. www.elementapple.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, www.elementapple.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. www.elementapple.com does not warrant that this site, its servers, or e-mail sent from www.elementapple.com are free of viruses or other harmful components. www.elementapple.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Whilst we try and ensure that the details, descriptions and prices of the products displayed on the Website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies. To the maximum extent permitted by applicable law, Element Retail Private Limited assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Website; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our Website by any third party. In any case the total aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to you under this agreement.

Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at anytime (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Indemnification

You agree to defend, indemnify and hold Element Retail Private Limitedand its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Applicable Law

By visiting www.elementapple.com, you agree that the laws of India, under the jurisdiction of the Courts in Mumbai, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.elementapple.com or its affiliates.

Disputes

Any dispute relating in any way to your visit to www.elementapple.com or to products you purchase through www.elementapple.com shall be submitted to confidential arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate www.elementapple.com’s intellectual property rights, www.elementapple.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Site policies, modification, and severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to www.elementapple.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Welcome to www.elementapple.com

www.elementapple.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at www.elementapple.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future www.elementapple.com service or visit or purchase from any business affiliated with www.elementapple.com, whether or not included in the www.elementapple.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Policy, which also governs your visit to www.elementapple.com, to understand our practices.

Electronic Communications

When you visit www.elementapple.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.elementapple.com or its content suppliers. The compilation of all content on this site is the exclusive property of www.elementapple.com. All software used on this site is the property of www.elementapple.com or its software suppliers.

Trademarks

Element Retail Private Limited has been registered under the Trade and Merchandise Act and Rules at Mumbai under different classes with registration number. Any violation of our trademarks will be liable for legal action.

Site Access

www.elementapple.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.elementapple.com. You may not use any proprietary information (including images, text, page layout, or form) of www.elementapple.com and our affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing www.elementapple.com’s name or trademarks without the express written consent of www.elementapple.com. Any unauthorized use terminates the permission granted by www.elementapple.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.elementapple.com so long as the link does not portray www.elementapple.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.elementapple.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. www.elementapple.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Product Descriptions

www.elementapple.com and its affiliates attempt to be as accurate as possible. However, www.elementapple.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.elementapple.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product and international shipping charges, unless specified otherwise in the Shipping Fees. With respect to items sold on www.elementapple.com, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  • Please note that this policy applies only to products sold and shipped by www.elementapple.com.
  • The prices displayed on this site are quoted in Indian Rupees (INR) which you can view in your preferred currency using the currency converter link. This currency converter is only indicative and a value added tool. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.

Disclaimer Of Warranties And Limitation Of Liability

This site is provided by www.elementapple.com on an “as is” and “as available” basis. www.elementapple.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, www.elementapple.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. www.elementapple.com does not warrant that this site, its servers, or e-mail sent from www.elementapple.com are free of viruses or other harmful components. www.elementapple.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Whilst we try and ensure that the details, descriptions and prices of the products displayed on the Website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies. To the maximum extent permitted by applicable law, Element Retail Private Limited assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Website; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our Website by any third party. In any case the total aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to you under this agreement.

Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at anytime (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Indemnification

You agree to defend, indemnify and hold Element Retail Private Limitedand its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Applicable Law

By visiting www.elementapple.com, you agree that the laws of India, under the jurisdiction of the Courts in Mumbai, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.elementapple.com or its affiliates.

Disputes

Any dispute relating in any way to your visit to www.elementapple.com or to products you purchase through www.elementapple.com shall be submitted to confidential arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate www.elementapple.com’s intellectual property rights, www.elementapple.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Site policies, modification, and severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to www.elementapple.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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