Terms of service

TERMS OF USE

Welcome to essayliving.com. Essay Living and/or its affiliates provide website features and other products and services to you when you visit or shop at essayliving.com use Essay Living products or services, or use the software provided by Essay Living in connection with any of the foregoing. Essay Living provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Essay Living (“Company” or “us” or “we” or “essayliving.com”). This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for usage of the Site.

RIGHT TO CHANGE

Essay Living reserves the exclusive right to update or modify its Terms and Conditions at any time without prior notice. We, therefore, recommend that you review these Terms and Conditions every time you purchase products or use our website.

PRIVACY

At our company, we consider the protection of your privacy as a crucial principle. We understand that your personal information is one of our most critical assets. We store and process your information, including any sensitive financial information (as defined under the Information Technology Act, 2000), if any, on computers that are safeguarded by physical as well as reasonable technological security measures and procedures, as prescribed by the Information Technology Act 2000 and the rules thereunder. If you disagree with our current privacy policy or the way your information is being used or transferred, please refrain from using our website.

ELECTRONIC COMMUNICATIONS

When you use any of our services or send emails to us, you are communicating with us electronically. By using our services, you consent to receive electronic communications from us. We will communicate with you through email or by posting notices on our website or other services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically fulfil any legal requirement that such communications be in writing. These legal requirements are in accordance with the Indian Information Technology Act, 2000, and its applicable rules, as well as the amended provisions regarding electronic records in various statutes, as amended by the Information Technology Act, 2000.

INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, Essay Living owns all intellectual property rights to the Website, including copyrights, patents, trademarks, and other proprietary rights. You may not use, reproduce, or distribute any content from the Website without obtaining authorization from Essay Living.

You are responsible for ensuring that any material you upload or make available on the Site is not protected by copyright, trademark, or other proprietary rights unless you have permission from the owner. Essay Living does not have the responsibility to provide indications or markings to help you determine whether material is copyrighted or trademarked. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, or proprietary rights.

By submitting material to any public area of the Site, you agree that the owner of such material has granted Essay Living the right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material worldwide. You also permit any other end user to access, view, store or reproduce the material for personal use. You hereby grant Essay Living the right to edit, copy, publish, and distribute any material made available on the Site by you.

These provisions apply to Essay Living, its subsidiaries, affiliates, third-party content providers, and licensors. Each of these entities has the right to assert and enforce these provisions directly or on its own behalf.

TRADEMARKS

The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, video, graphics, music, sound, and the entire content of Essay Living, which is protected by copyright as a collective work under applicable copyright laws. Essay Living owns the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content.

Users are not allowed to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, whether in whole or in part. However, users may download, print, or save copyrighted material for their personal use only.

If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. The user acknowledges that they do not acquire any ownership rights by downloading copyrighted material.

Trademarks located within or on the Site, or a website otherwise owned or operated in conjunction with Essay Living, shall not be deemed to be in the public domain but rather the exclusive property of Essay Living, unless the site is under license from the trademark owner thereof, in which case, such license is for the exclusive benefit and use of Essay Living, unless otherwise stated.

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

At Essay Living, we value and uphold the rights of intellectual property. If you suspect that your work has been copied in a manner that violates Intellectual Property Rights, please send a complaint to our 'Customer Care' team through the provided email address. We take such complaints seriously and will handle them promptly.


USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

As a Registered User of the Website, you agree to be bound by the Indian Contract Act, 1872. You acknowledge that you are of legal age to enter into a contract. Essay Living has the right to terminate your membership and deny you access to the Website if it is found that you are under the age of 18 years. You are responsible for keeping your User ID and Password confidential and for any activities that occur under your account.
When you register on the Website, you agree to provide accurate and complete information about yourself. If we detect that the information provided by you is untrue, inaccurate, incomplete, or not in accordance with the User Agreement, we may suspend or terminate your membership without prior notice. By making a purchase on the Website, you consent to receive administrative and promotional emails from us. You can opt-out of promotional emails by clicking the unsubscribe link at the bottom of any correspondence.
You must not upload, publish, transmit, or share any information on the Website that belongs to someone else or that you do not have the right to use. Also, you must not post any content that is harmful, harassing, defamatory, obscene, pornographic, or in violation of any law. You are solely responsible for any legal consequences arising from any violation of these conditions.
Lastly, the goods listed in this invoice are intended for personal use only and not for resale.


BILLING

The price of our products mentioned on essayliving.in is the Maximum Retail Price (MRP). This MRP includes all local taxes that apply in India. However, additional applicable taxes may be charged depending on the destination of the order. The tax rate applied, and charged to the order will include the combined tax rate for both state and local tax rates according to the shipping address. Essay Living has the right to collect taxes, duties, surcharges, or any other levy that it may incur in addition to the usual taxes it has to pay. We may also charge delivery charges, which may include postal or shipment charges that may apply to your country.


ORDER CANCELLATION BY ESSAY LIVING

Please note that due to unforeseen circumstances, there may be instances where certain orders that have been validly placed may not be processed or dispatched. Essay Living has the exclusive right to refuse or cancel any order for any reason. Your order may be cancelled if there are limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department, or any defects in the quality of the product. We may also require additional verification or information before accepting your order. If any portion of your order is cancelled or if additional information is required, we will contact you. If your order is cancelled after your payment has been charged, the amount will be refunded to your account or to the source of payment within 30 working days. In case of cancellation by Essay Living, any vouchers used in these orders will be returned and made available to the user.


SHIPPING & PROCESSING FEE

We charge shipping and processing fees to cover the expenses incurred by Essay Living while processing your order, packing the products, and delivering them to you. To know more about our Shipping & Payment Policy, please refer to the relevant section.


PAYMENT

When you use any of the payment methods offered by us, we want you to know that we are not responsible for any loss or damage that may occur to you directly or indirectly. This includes situations such as lack of authorisation for any transaction, exceeding the agreed limit, payment issues, or decline of transaction for any other reason.

All payments made on essayliving.com for purchases or services will be charged at the MRP displayed on the website. The terms and conditions of the third-party online payment gateway services will apply to your transaction and are approved by Essay Living. Before shipping your order, we may ask you to provide identification and address proof to verify the payment instrument used by you for your purchase. This is done to ensure a safe and secure online shopping experience for our users.

Essay Living may use other third-party payment facilities for payments on the website. These payments can be made electronically or through cash on delivery, as permitted by Essay Living at its sole discretion. Your use of these third-party services will be governed by their user agreement, seller terms, conditions, and other applicable rules and policies.


DELIVERY

Essay Living will make every effort to ensure that your products are delivered within the timeframe stipulated at the time of purchase. However, we cannot guarantee delivery within this timeframe. In the event that we fail to deliver one or more of your products within the stipulated timeframe, the contract will remain valid and cannot be cancelled. If you are unable to take delivery of your goods, Essay Living may, at our discretion, charge you an additional shipping fee.


REFUNDS & RETURNS

Essay Living strives to provide its customers with defect-free products. However, if a product is received in a damaged condition or has manufacturing defects, it may be exchanged. Please note that returned items do not become the property of Essay Living until they are received by us.

Regrettably, we do not entertain returns for reasons unrelated to manufacturing or quality defects. We strongly advise thorough consideration of product details prior to purchase. In the event of a manufacturing or quality defect, we offer exchanges for a replacement of the same item. Please notify our customer service team within 2 days of receiving your order to commence the exchange process.
Please note that gifts purchased online are not eligible for exchange, refund, or return. Essay Living reserves the right to determine whether a refund can be issued. For more information, please refer to our Returns & Exchanges Policy.


PRODUCT DESCRIPTIONS

Essay Living aims to display accurate product descriptions. However, we do not guarantee that the information provided on our website is completely accurate, reliable, current, or error-free. If you receive a product that is not as described, you can contact us within 2 days of receiving it. We reserve the right to determine the appropriate solution. Please note that as a matter of policy, we do not issue refunds or allow exchanges and/or returns.


PRODUCT COMPLIANCE

Products sold on Essay Living website comply with Indian laws and industry standards.


PRODUCT PRICING DISCLAIMER

Please note that the prices you see on our website may not be the same as the prices in our stores. Additionally, the prices listed in our catalogs are estimates and may vary by country for the same product. Please be aware that the prices displayed on our website for both India and other international countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes, which may be an additional charge.


INACCURACY DISCLAIMER

Occasionally, there might be some information on our website or in our catalog that could have typographical errors, inaccuracies, or omissions with regards to product descriptions, pricing, and availability. Essay Living has the right to rectify any mistakes, inaccuracies, or omissions and modify or update the information at any time without prior notice.


WARRANTIES & LIABILITY

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All the information, products, materials, content, and other services provided by Essay Living are available to you on an "AS IS" and "AS AVAILABLE" basis unless stated otherwise in writing. Essay Living does not give any express or implied warranties about the operation of the services, or the information, materials, content, products (including software), or other services provided through Essay Living unless specified in writing. You agree that your use of the website is entirely at your own risk.

Essay Living does not guarantee that the website will be constantly available, or available at all times. It also does not make any claims about the completeness, truth, accuracy or lack of deception in any information on this Website.

Essay Living will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge that your use of this Website is at your sole risk and that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website. In no event shall Essay Living be liable for any damages of any kind related to your use of this Website.

Essay Living will make all possible efforts to protect its websites from viruses or illegal use. However, it cannot guarantee that this site, information, content, materials, products (including software), or services included on or otherwise made available to You through the Website, its servers, or electronic communication sent from us are free of viruses or other harmful components. Nothing on this Website constitutes advice of any kind.

All the products sold on the Website shall be governed solely by Indian laws. If we are unable to deliver such products due to implications of different territorial laws, we will return or credit the amount received in advance by us from the sale of such a product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website are not restricted in your territory. Essay Living shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

Essay Living will not be liable for any damages of any kind resulting from the use of any service, or from any information, content, materials, products (including software), or other services included on or otherwise made available to you through the website, including direct, indirect, incidental, punitive, and consequential damages, unless specified otherwise in writing.

If a product is delivered to you with any defects or quality issues, it will be replaced. Once purchased, there are no other warranties or guarantees on the products.


INDEMNITY

By agreeing to these terms and conditions, you promise to compensate and not hold Essay Living (including its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) responsible for any claims or demands, including reasonable attorneys’ fees, that may arise from your violation of these terms and conditions, or any law, or the rights of a third party. You also agree to compensate for any damage to life and/or property caused by the products delivered.


BREACH

Please note the following statement: if we find you to be in violation of our Terms of Use, Privacy Policy, or any other rules or policies, or if we are unable to verify or authenticate the information you provide, or if we believe your actions may cause legal liability for you, other users, or us, we may limit your activity, remove your information, temporarily or permanently suspend or terminate your membership, and/or deny you access to this Website without prior notice. If your account is suspended or blocked, you may not attempt to register or use the Website until we reinstate your account.

If you breach our Terms of Use, Privacy Policy, or other rules and policies, we reserve the right to take legal action and recover any amounts owed to us. We may also refer you to the relevant authorities for criminal or other proceedings.

Please be aware that violating any local laws may result in the immediate suspension or termination of your membership and/or access to the Website without prior notice.


SEVERABILITY

We retain the right to modify our website, policies, Service Terms, and these Conditions of Use without prior notice. If any of these conditions are found to be invalid, void, or unenforceable for any reason, such a condition will be considered separate and will not affect the validity and enforceability of the remaining conditions.


WAIVER

If Essay Living fails to enforce any of the terms or conditions of the Agreement at any time, it does not mean that Essay Living has waived its right to enforce all Terms and Conditions of this agreement at any time in the future.


FORCE MAJEURE

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Essay Living shall not be held responsible for any failure to perform its obligations or for not furnishing the Service, which shall not give you the right to make any claim against Essay Living or be considered a breach under this Agreement, to the extent that such failure arises from an event of Force Majeure. If the fulfillment of any obligation set forth in this Agreement by either party is delayed due to Force Majeure, the period of such delay will not be counted in computing periods prescribed by this Agreement. Force Majeure shall include any war, civil commotion, strike, governmental action, lockout, accident, epidemic, or any other event beyond the control of Essay Living that directly or indirectly hinders or prevents Essay Living from commencing or proceeding with the transactions contemplated hereby. The lack of funds shall not constitute or be considered an event of Force Majeure under any circumstances.


DISPUTE RESOLUTION

This agreement will be interpreted and governed according to the laws of India, and the legal relations between you and Essay Living will be determined accordingly. If a dispute arises between you and Essay Living regarding your use of the website or any dealings with Essay Living in relation to any activity on the website, including but not limited to the rules and policies contained herein, the dispute will be subject to the exclusive jurisdiction of the courts of Mumbai. It's important to note that your obligation to pay the Payment Fees will not be suspended during the proceedings.


GRIEVANCE

If you have any complaints or grievances regarding the use of the website, please send an email to hello@essayliving.com. The Customer Care team will review your complaint and provide a response within one month from the date of receipt.


GOVERNING LAW

These Terms and Conditions, as well as any documents related to third party payment channels, will be governed and interpreted in accordance with the laws of India.

This document is an electronic record, which falls under the purview of the Information Technology Act, 2000. The provisions regarding electronic records in various statutes have been amended by the Information Technology Act, 2000. This electronic record has been generated by a computer system and doesn't require any physical or digital signatures.