Everest Industrial Corporation, a company incorporated in India under the provisions of Companies Act, 2013 (referred to herein as “Everest Industrial Corporation”, “we”, “our” or “us”) is in the business of wholesaling and retailing various categories of goods across India through various modes of distribution channel (“Products” and/or “Services”). All transactions or the products order by you on the website www.hindustantools.in (“Website”), which is designed, developed, operated and maintained by Everest Industrial Corporation and fulfilled by Everest Industrial Corporation. Everest Industrial Corporation shall solely be responsible for fulfillment of all the orders placed by you including but not limited to invoicing, receipt of payment, delivery, exchange and returns of the products, after sales service or support (if any) etc… You agree that in no event shall Lifestyle, its affiliates, directors, officers, agents, consultants or employees be liable for any purchases made through the Website nor bears any responsibility of any nature whatsoever and you hereby waive any and all claims against lifestyle and or its representative arising as a result of or in relation to the website or purchases made of products or services including inter-alia claims relating to payment and delivery of the products and the like.
Not withstanding any oral or written information, opinions, evaluations, descriptions or consultations of any kind furnished by Everest Industrial Corporation to the contrary, you specifically agree to the terms set forth below
Terms and conditions
- These Terms sets forth the terms and conditions that apply to the sale and purchase of the products between Everest Industrial Corporation and you. Change in law or changes in Everest Industrial Corporation business may require changes to be made to the Terms from time to time (“Revised Terms”). As such, Everest Industrial Corporation encourages you to review the Terms and any other terms and condition periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms or any other terms and condition.
- You agree that Everest Industrial Corporation makes no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on the Website www.hindustantools.in (“Website”) and provides all Product(s) on an “as is” basis.
- The products/services and information displayed on the Website is an “invitation to offer” to public at large. Your order for purchase constitutes your “offer” which shall be subject to acceptance or rejection by Everest Industrial Corporation and shall further subject to the terms and conditions as listed below. All accepted offers shall be fulfilled by Everest Industrial Corporation. If you have supplied your valid email address or contact number, Everest Industrial Corporation will notify you by email or through SMS (as the case may be) as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of Everest Industrial Corporation or Lifestyle prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
SERVICES; ORDER, PRICING AND PAYMENT:
- The Services shall include:
- Supply of the ordered product to you;
- Procuring a logistics company experienced with collection and transportation to deliver your ordered Products (“Logistics Supplier”)
- Everest Industrial Corporation customer support, enabling you to contact Everest Industrial Corporation at [email protected] with any queries that you may have in relation to your purchased Product/s.
- You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed and are payable in Indian National Rupees.
- Everest Industrial Corporation may not accept your order for Products if (a) the item/s is/are out of stock; (b) Everest Industrial Corporation is unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product / Location; (d) Everest Industrial Corporation finds a Product or pricing error; or (e) for any other reason at Everest Industrial Corporation’ s sole discretion. In any of these situations, Everest Industrial Corporation will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
- From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Everest Industrial Corporation will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with Everest Industrial Corporation to resolve such issues, and you agree that Everest Industrial Corporation shall have full discretion to determine the appropriate resolution in such cases.
- While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to
- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reasons
- Everest Industrial Corporation may offer multiple payment options through various instrument(s) or mode(s) for the convenience of the customers. Everest Industrial Corporation reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any of the above payment options shall at all times be subject to rules, regulations and guidelines under applicable law and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process.
- All payment transactions are subject to validation by the issuer as applicable. If the issuer of your payment instrument(s) refuses to authorize payment, Everest Industrial Corporation has the right to cancel the order. Everest Industrial Corporation cannot be held responsible if this should result in a delay in dispatching your goods/Products.
- Everest Industrial Corporation reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Everest Industrial Corporation or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
- Everest Industrial Corporation may do such checks as it deems fit before approving the receipt of/buyers’ commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Everest Industrial Corporation. As a result of such check if Everest Industrial Corporation is not satisfied with the creditability of the buyer or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/buyers’ commitment to pay transaction price.
- All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
- Certain orders may constitute improper use of the Website and Services. Everest Industrial Corporation reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Everest Industrial Corporation sole discretion.
- In the event that a Product is listed at an incorrect price due to an error in pricing, Everest Industrial Corporation shall have the right, at Everest Industrial Corporation discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Everest Industrial Corporation may, at Everest Industrial Corporation’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Everest Industrial Corporation reserves the right, at its sole discretion and without prior notice, to limit the quantity / value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
- For Everest Industrial Corporation to arrange to deliver any Products that you have purchased, you shall be solely responsible for providing the correct and accurate postal details.
- Risk of loss and title for the Products shall pass to you upon delivery of your purchased Products by the Logistics Supplier.
- Risk of loss and title for the Products shall pass to you upon delivery of your purchased Products by the Logistics Supplier.
- Everest Industrial Corporation is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
- Should you receive an item that is not in perfect condition please contact us immediately at [email protected] and arrange for the faulty Product to be returned to us.
- Everest Industrial Corporation wants you to be pleased with your purchase, and so if for any reason you are not completely satisfied, Everest Industrial Corporation will accept return of your purchase, subject to terms and conditions for returns mentioned in the Returns Policy & Returns Process. Please go through the Returns Policy & Returns Process available on the Website. Products purchased through the Website should be returned new, unused, in their original packaging and with the original invoice and all Product tags attached. Returns that are damaged, soiled or altered may not be accepted by Everest Industrial Corporation and may be sent back to you.
- All payments made by you towards correctly returned Products will be refunded as per the Returns Policy & Returns Process. If you think that we have provided you with an incorrect refund, please contact us immediately on [email protected]
- Please note card refunds may take up to 15 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and Everest Industrial Corporation shall not be liable for any delays in refund by card companies or banks. Everest Industrial Corporation offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
LIMITATION OF LIABILITY AND INDEMNITY
- You agree, to the fullest extent permitted by law, to indemnify and hold Everest Industrial Corporation , its directors, officers, employees, affiliates, group companies, agents, contractors, and licencors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by Everest Industrial Corporation as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless Everest Industrial Corporation and its affiliates and group companies and from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related any breach by you of these Terms or any other terms and conditions on the Website.
- Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Everest industrial corporation or any of its affiliates, group companies, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, including, without limitation, damages for lost profits, loss of
goodwill, loss of data, work stoppage, business interruption, accuracy of results, or computer failure or malfunction, even if an authorized representative of Everest industrial corporation has been advised of or should have known of the possibility of such damages, ARISING out of or in connection with (I) The use of or inability to use the website (II) your use of or reliance on the website, any information, hyperlinks or content contained therein, or services included on or otherwise made available to you through this website;(iii) your provision of information, personal or otherwise, to Everest industrial corporation;(iv) the provision of services by Everest industrial corporation or; or(v) acts or negligence on the part of Everest industrial corporation. in no event will Everest industrial corporation be liable for any losses, damages or expenses in excess of the amount paid by you towards the price of the product in respect to which the claim arose. you hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
- If any provision of these Terms and any other terms and condition is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and any other terms and condition shall remain in full force and effect. The failure of Everest Industrial Corporation to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Everest Industrial Corporation rights with respect to such breach or any subsequent breaches.
- These terms and any other terms and condition shall be governed by the laws of India and any disputes shall be subject to the exclusively jurisdiction of courts at Sonipat.
- You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you, Everest Industrial Corporation and Lifestyle as a result of your use of this Website.
- A reference to the Website in these Terms includes the website URL www.hindustantools.in and any successor website URLs.
- These Terms (i) constitute the entire agreement between you and Everest Industrial Corporation with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you.
- Everest Industrial Corporation shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.