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TERMS & CONDITIONS

Registration and purchase of products through the site by you, are deemed as acceptance of the terms of the policy herein below, and constitutes a binding, legal agreement between you and the company. In the event the policy is not acceptable to you in part or in its entirety, we will not be obliged to provide any services or sell any products to you, without any liability on our part, and you will have no claim against the company. Further, we will not be liable to you if you are unable to access the site or browse through any part of it on account of non-acceptance of the policy.

This website “www.surmiskincare.com” (“Site” or “Website”) is owned and operated by PURITY CLINIC (“PURITY CLINIC”, “SuRmi Dermatologique”, “We”, “Us”, “Our”) a partnership firm, herein referred to as a company, with its address as Bandra Mandar Coop Hsg Society, C/O Mandar Nursing Home, Ground floor, 193, Gurunanak Road, Bandra (W) Mumbai. It is, inter alia, engaged in the business of marketing, sale and distribution of its range of skincare products “SuRmi Dermatologique” (“Products”) to men and women across the territory of India.

Access to the Site, browsing of the Site, selection of the Products, and completion of the sales and purchase of the Products through the Site are provided to the user, customer, viewer and/or visitor (“You”, “Your”, “User” as applicable) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner set forth herein below (“Terms” or “T&C”). Please be advised to read these Terms carefully before using the Site.

The Privacy Policy and Shipping and Return Policy are an integral part of our Terms & Conditions (“T&C”) and are deemed to be incorporated herein in their entirety by reference hereto. In the event of any inconsistency between the Privacy Policy and/or Shipping and Return Policy and this T&C, the Privacy Policy and/or Shipping and Return Policy will supersede solely in respect of the content contained therein and not in respect of any other clause, term or provision contained in the T&C.

By accessing or using the Site, or by merely browsing the Site, or by using or receiving any services supplied to You by Us, You hereby expressly acknowledge and agree to be bound by these Terms, policies and guidelines incorporated by reference in these Terms and any future amendments and additions to these Terms as published from time to time on the Site.

By using the Site, You represent and warrant that:

You are at least 18 years old;
You have the lawful authority and capacity to contract and be bound by these Terms;
If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
You will comply with all applicable laws and regulations as prevailing from time to time.

We reserve the right to modify these Terms at Our sole discretion without notice, and it is Your responsibility to review these Terms periodically and take note of all the changes, if any, to the Terms from time to time. In the event of any modification to the Terms, You will be deemed to be governed by the terms of such modified Terms, as they come into effect from time to time.

If You have any queries, comments, grievances or suggestions, please reach out to us at our corporate office or by emailing us at surmidermatologique@gmail.com.

A. CONTRACT OF SALE

Listing and display of a Product(s) by us on the Website is our invitation to you to make an offer for purchase of such a Product(s). Likewise, the placement of an Order on the Site by you is your offer to buy the Product(s) from us.

Once you have placed an Order with us for purchase of a Product(s), you will receive an e-mail from us confirming receipt of your Order and containing the details of your Order (“Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your Order and does not signify our acceptance of your offer.

We only accept your offer and conclude the contract of sale for a Product(s) ordered by you, when the Product(s) is/are shipped or dispatched to you and an e-mail confirmation is sent to you that the Product(s) has/have been shipped or dispatched to you (“Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any Order for any reason whatsoever before shipping the Product(s).

If your Order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package. Each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for re-sale or business purposes. You can cancel your Order for a Product(s) as per our Returns and Cancellation Policy.

Fulfilment of all Orders placed on the Website are subject to the availability of such Product(s), our acceptance of your offer as per the above and your continued adherence to the Terms and Conditions.

You agree that you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction(s) through this Website.

B. PERSONAL INFORMATION

You understand and acknowledge that, pursuant to the services offered by Us through the Website, your personal information and such other information, which is provided by You from time to time, may be disclosed by Us to third parties, including but not limited to payment gateways and advertisers, and logistics providers. This information shall be disclosed for the purpose of providing personalisation, promotional content, and internal analysis. You agree that such disclosure and use shall not hold Us liable for the use of such information in accordance with this Policy, the Terms and Conditions, Shipping and Delivery Policy, and Cancellation and Refund Policy. You agree not to hold Us liable in the event of any breach of warranty, intentional or unintentional, by the third-party service provider. You agree that You have read and understood the policies of such third-party service providers.

C. REGISTRATION

If You register for a User Account on the Site, You agree to:

a. provide accurate, current, and complete information as may be prompted by any registration forms on the Site (“Registration Data”) or such other data as may be required for completion of the billing process for the Products;

b. maintain the security of Your password;

c. maintain and promptly update the Registration Data, and any other information You provide to Us to keep it accurate, current, and complete;

d. accept all risks of unauthorized access to the Registration Data and any other information You provide to Us. You are responsible for all activity on Your User Account and for any changes made therein;

e. not authorize others to use Your User Account; and

f. not assign or otherwise transfer Your User Account to any other person or entity.

D. ACCESS AND USE

a. You may only access the Site using authorised and lawful means.

b. Any configuration or setup of the Devices for access to the Site shall be Your sole responsibility. “Device” means any device, usually electronic, that processes data according to a set of instructions. This may include, but is not limited to, workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones.

c. The Company reserves the right to prevent access if You are using the Site or Service with an incompatible or unauthorised Device.

d. The Company collects, stores, processes, and uses Your information in accordance with the Company’s Privacy Policy, available at (“Privacy Policy”). By using the Site and/or providing Your Information (as defined in the Privacy Policy), You consent to the collection and use of the information you disclose on the Site by the Company in accordance with the Privacy Policy.

e. You will not take any action that interferes with, degrades, or adversely affects the Company and/or the Site.

f. You will not use the Site in a manner:

i. that is prohibited by any law or regulation, or facilitates the violation of any law or regulation;

ii. that disrupts a third party’s similar use; or

iii. that violates or tampers with the security of the Site.

g. You will not use the Site, or any portion thereof, to transmit, publish, post, upload, distribute, or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal, or deceptive content.

h. You will ensure that the Site is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Site or any other software, hardware, services, or data.

i. You will not attempt to gain unauthorized access to any accounts, computer systems, or networks connected to the Site through hacking or any other means, nor obtain or attempt to obtain any materials or information through any means not intentionally made available to You.

j. You will not use the Site to develop or assist anyone in developing a competitive product or service or for other competitive purposes.

k. You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the Site or attempt to do so, or acquiesce to, authorise, or encourage any other party to do the same.

l. You shall be solely responsible for:

i. procuring and maintaining Your network connections and telecommunications links from Your systems to the Company’s data centres; and

ii. all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to Your network connections or telecommunications links, or caused by the internet.

m. You acknowledge that from time to time, the Company may apply Upgrades (hereinafter defined) to the Site, and that such Upgrades may result in changes to the appearance and/or functionality of the Site. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Site, or portions thereof. “Upgrades” means new versions of and updates to the Site, whether for the purpose of fixing an error, bug, or other issue in the Site, or enhancing its functionality.

n. The Site is provided to You strictly on an “as is” basis. Notwithstanding anything contained in these Terms, the Company does not warrant that the Site:

i. will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects;

ii. will operate in combination with Your Devices, or with any other hardware, software, systems, or data not provided by the Company;

iii. will meet Your requirements, specifications, or expectations.
o. You further acknowledge that the Company does not control the transfer of data over communications facilities, including the internet, and that the Site may be subject to limitations, delays, and other problems inherent to the use of such communications facilities. The Company is not responsible for:

i. delays, delivery failures, or other damages as a result;

ii. issues related to the performance, operation, or security of the Site that arise from Your content or third-party content.

p. You acknowledge and agree that the entire risk arising out of Your use of the Site remains solely with You.

E. PRODUCTS AND SERVICES

Stock & Delivery

The Company undertakes to deliver the Products across India as supported by our shipping partners. You may check deliverability for your pin-code and shipping charges thereof during the checkout process.
An order that You place does not bind the Company but constitutes an offer from You to purchase the relevant Product in consideration for payment of the applicable price. All orders are subject to acceptance by the Company and to the availability of stock at the time of placement of the order. In the event the Company is unable to process Your order for any reason whatsoever, the Company is not liable to You, except to the limited extent of a refund of any amount received from You towards the order.
The Company is entitled to levy charges for transportation and delivery at its sole discretion; however, the same will be separately mentioned if so levied.

The Product pictures on the website are indicative and may not match the actual Products. The Company hereby disclaims any guarantees of exactness as to the finish and appearance of the Products ordered by You. The quality of any Products, services, or information obtained by You through the Site may not meet Your expectations. You hereby agree and acknowledge that You will not hold the Company liable for any such deviations.
Usage of Products: You understand and agree that any side effects caused by Product(s) purchased by You on the Website shall not make the Company liable in any manner whatsoever. You agree to carefully read the individual descriptions in relation to the Products and consult a specialist if required.

d. Pricing: The pricing information related to a Product(s) shall be disclosed to you at the time of your Order. All pricing information on the Website is in Indian Rupees. All prices are displayed inclusive of GST. Please note that the pricing of Product(s) is subject to fluctuations, and adding Product(s) to your shopping cart is not a guarantee of Product(s) being available at the same price, particularly if the Order is not placed immediately after adding the Product(s) to the shopping cart. Transactions through the Website may be subject to a delivery charge where the minimum Order value is not met. You will be informed of such delivery charges at the stage of check-out.
Payment Options: We provide safe and secure payment options, and the following payment options are available to You to purchase our Products:

Credit Card
Debit Card
Net banking
UPI We currently do not offer the COD facility within India. You will be informed about the modes of payment that are available at the time of placing the Order.

You agree and acknowledge that the Company uses third-party payment processors (“Payment Processors”) for any payments made on the Site. The processing of all payments will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to these Terms. You further agree and acknowledge that neither the Company nor any of its directors, shareholders, or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special, or consequential damages that result from or arise out of Your use of the Payment Processors, your payment through the Payment Processors, or Your ability or inability to complete the payment.
Discount Coupons and Promotional Offers: The Company may, at its discretion, run promotional offers or offer discount coupons (collectively referred to as “Coupons”) in respect of certain qualifying Products subject to such terms and conditions as may be prescribed. All Coupons are subject to the following terms and conditions:

Each Coupon is identified by a coupon code and has different qualifying requirements and rewards. All qualifying requirements stated on the Coupon must be met to receive the discount/offer;
The Coupons can be redeemed only on the Site and are intended for single use only;
The Coupon may not be used in conjunction with other promotional offers. Only one applicable Coupon may be used for each online order submission. A Coupon cannot be combined with other promotions unless specifically stated.
Coupon values and/or offers are as specified on the Coupon. In the case of a multiple-item order, the value of the Coupon is allocated to each qualifying item based on the proportion of the qualifying item’s value to the total value of all qualifying items, excluding shipping, taxes, and other charges.
If you use a Coupon and subsequently cancel or return the order, the Coupon will no longer be valid, and the respective values may not be reapplied to another order. If You return Your order, the refund amount will be the purchase price paid minus the value of the Coupon. Coupon may not be redeemed for cash and is non-transferable. Taxes, shipping, handling, and other fees are extra, vary, and are not subject to discount unless otherwise specified.
Each coupon is valid for a limited time only and expires on the date specified in the Coupon.
Coupons are not for resale and are not redeemable for cash.
Coupons cannot be replaced if lost, stolen, or deleted.
If a Coupon is used and your entire order is cancelled or rejected, or if you return all Products in Your order, you will be refunded the actual amount paid, and your Coupon will no longer be valid.
The Company reserves the right to verify the validity of Coupons and to disqualify any claimant who submits a Coupon that is not in accordance with these Terms. All claims will be subject to the Company’s validation and verification checks. The Company’s decision is final in respect of the same.

The Company reserves the right to discontinue a Coupon or amend the terms and conditions at any time.

F. INTELLECTUAL PROPERTY RIGHTS

You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, text, programs, products, processes, technology, content, and other materials, etc.) and other proprietary rights in and in relation to the Site, including without limitation any derivatives, improvements, or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to User or other third parties) shall vest wholly, completely, and fully with the Company throughout the territory of the world, and You shall have no right or claim to such intellectual property in any manner whatsoever. Access to this Site does not confer and shall not be considered as conferring upon anyone any license in respect of the Company’s intellectual property rights.
All rights, including copyright, in this Site are owned by or licensed to the Company. PURITY CLINIC– All names and logos and all related Product and service names, design marks, and slogans are the trademarks or service marks of PURITY CLINIC. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited. You may not modify, distribute, or re-post anything on this Site for any purpose.
References on this Site 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. Display of any such links on the Site is not to be considered a recommendation by Us to You of such Third-Party Website, its contents therein, nor any products/services offered therein, and You will enter the same at Your own discretion and voluntary choice. Such visits to such Third-Party Websites will be governed by the terms and conditions contained on such websites, as well as the privacy policy therein, and the Company does not make any representations regarding the content or accuracy of material on such sites.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title, or interest in any Contents or software is transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. All software used on this Site and the compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the property of the Company and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

G. INDEMNIFICATION

By accepting these Terms and using the Site, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Your violation or breach of these Terms or any applicable law or regulation; (ii) Your violation of any rights of any third party, connected through the Site; (iii) Your use or misuse of the Site or Service; or (iv)any and all third-party claims based upon the content of any communications transmitted by You.

H. DISCLAIMER OF WARRANTIES

a. The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.

b. The Products displayed on the Site suggest the intended use of that particular Product. It is your responsibility to ensure that the Product purchased suits your requirements and needs. You are advised to note that if the Product is used for other purposes other than the intended purpose, it may be detrimental to the quality and appearance of the Product and may result in damage to the Product or yourself.

c. Despite best efforts, there may be typographical or pricing errors in respect of the Products and Coupons on our Site. We are not responsible for typographical, pricing or other errors, omissions, or consequences of misuse of Site and its functions.

d. The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.

I. LIMITATION OF LIABILITY

a. Notwithstanding anything contained elsewhere in these Terms, in no event shall the Company be liable to You or anyone claiming under You for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if You are advised of the possibility of such damage.

b. In no event or circumstance will the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.

c. The Company or anyone else involved in administering, distributing or providing the Site further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code”) that may be transferred to Your Devices when accessing the Site. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.

J. GENERAL

a. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Site.

b. No joint venture, partnership, employment, or agency relationship exists between any User and the Company as a result of these Terms or use of the Site. The User shall not be permitted to enter into any contract (whether oral or in writing) which may impose any direct or indirect obligation or liability on the Company in respect of any third party including the End-User.

c. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us through the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

K. GOVERNING LAW

a. This Policy shall be governed by and construed in accordance with the laws of India.

b. All disputes arising out of this Policy shall be subject to the exclusive jurisdiction of the courts in Mumbai.

L. GRIEVANCE REDRESSAL

a. You may submit any grievance with respect to the Website or the Products, including with respect to any abuse on the Website, or any discrepancies or grievances with respect to access or usage of the Website in violation of the Terms and Conditions by any person, to the Grievance Officer and Nodal Officer at surmidermatologique@gmail.com