Forest Essentials
Home About Us Products What Is New Locations My Shopping Cart Contact Us Help
TERMS & CONDITIONS AND USER AGREEMENT
 
Ownership :

The website “http://www.forestessentialsindia.com” (hereinafter referred to as the “Website”) is owned and operated by M/s. MOUNTAIN VALLEY SPRINGS INDIA PRIVATE LIMITED., owners of the trade name and trade mark Forest Essentials (hereinafter referred to as the “Company”), which is incorporated and registered under the Indian Companies Act, 1956 as a private limited company with its Registered Office at N-126 Panchsheel Park, New Delhi – 110 017 India. All rights, including all intellectual property rights, by whatever name called, in and in relation to Website are owned by and reserved in favour of Company.

Functions of Website :

Website provides for online sale of body care, skin care and other Products produced, manufactured and/or marketed by Company (hereinafter referred to as “Product/s”) for customers/consumers and any other party accessing Website, such parties being hereinafter referred to as “User/s”.

Registration :

By registering on Website, User certifies that all information User provides, now or in the future, is true and correct.

Terms of Use

  1. By visiting Website, User(s) hereby agree to be bound by the following terms and conditions. Company may change these terms and conditions at any time. User’s continued use of Website shall mean that User accepts any new or modified terms and conditions as may be posted on Website from time-to-time. Please
  2. Product & Service Availability : Reference to any Product or service on Website does not constitute an offer to sell or supply that Product or service and does not mean that Product or service is available or that the name and description of any Product in any local shop / store will be the same as that included on Website. Company in no way implies or warrants that the materials available on or through Company’s Website are appropriate or available for use
  3. Company cannot guarantee that a Product listed as "In Stock" will be shipped immediately, as inventory may change significantly from day to day. In rare cases, a Product ordered may be in stock when User places order, but may be sold-out by the time User’s order is processed. However, if an item that is marked "In Stock" in User’s shopping cart when User place order is sold-out at the time User’s order is processed, Company will notify User by e-mail that User’s order cannot be serviced and User’s credit card will not be charged or payment, if made, will be refunded.
  4. Company will try to display the colors of Company’s Products as accurately as possible. Nevertheless, as the actual colors User see will depend on User’s system/monitor, Company cannot guarantee that User’s monitor's display of any color will be accurate.
  5. Description of Products: Company takes all reasonable care to ensure that all details, descriptions and prices of Products appearing on Website are correct at the time when the relevant information was entered onto the system. Although Company aims to keep Website as up to date as possible, the information including Product descriptions and specifications appearing on Website at a particular time may not always reflect the position exactly at the moment User place an order. Company cannot confirm the price of a Product until User’s order is accepted in accordance with Company’s order acceptance policy.
  6. Payments: All prices indicated for Products available via Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of User’s order is the price of Products ordered plus VAT and delivery charges as set-out in the total cost to be paid for the product. Payment can be made by any of the methods specified in the Payment section of Website and payment will be debited and cleared from User’s account as set-out in the Payment Section of this Website.
  7. Users confirm that the credit or debit card that is being used is theirs.
  8. All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of User’s payment card refuses to, or subsequently refuses to, or does not, for any reason whatsoever, authorise payment to Company, Company will not be liable for any delay or non-delivery of Products ordered and no contract will deemed to have been concluded between User and Company.
  9. Website is a secure HOWEVER NO LIABILITY WILL ACCRUE TO COMPANY IF THERE IS ANY MISUSE BY ANY PERSON OF YOUR CREDIT/DEBIT CARD and all disputes in regard to any use/misuse of credit/debit cards shall be between User and his/her bankers and/or credit/debit card issuers.
  10. Passing of Property: Company will retain the legal ownership of Products ordered / delivered until full payment has been made by User and such payment as been received by Company. Legal ownership of Products will immediately revert to Company if Company refunds any such payment to User.
  11. Risk: Risk in Products will pass to User on delivery.
  12. Delivery: Company will deliver Products in accordance with the delivery option selected by User during the order process. Delivery of Products will be effected through private couriers and Company shall not be responsible for any default or deficiency in service on the part of such couriers.
  13. Any delivery timescales quoted to Users are indicative only. Orders may be delivered in one or more delivery.
  14. Company does not assume or accept any liability whatsoever for delayed delivery caused by any third party.
  15. Acceptance: Upon receipt of Products User must inspect Products and User will be deemed to have accepted Products, unless User notifies Company within 2 (two) days of any defect in Products. Company has no returns policy. However Company may, at Company’s discretion, replace Products in exceptional cases if Products are found defective due to manufacturing reasons and User notifies Company of such defect within 2 (two) days of receipt and ships Products back to Company without using them in any substantial quantity.no such action/complaint is taken or made within the time stipulated above, mpany shall not be liable in any manner.
  16. If User does not receive the entire order as detailed in the order confirmation e-mail sent to User when an order is received, please contact Customer Services on the following number (open 9.00 am - 5.30 pm, Monday to Friday) +91-120-425705010/19 or e-mail at inquiries@forestessentialsindia.com
  17. Cancellations : An order once placed cannot be cancelled and Company shall not be liable for any claim arising therefrom
  18. Price : PRICES AND AVAILABILITY OF Products AND SERVICES LISTED ON Website ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a Product or service on Website does not imply that Product or service is presently available or that Company endorses that Product or service for any specific use or effect. In the event a Product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, Company shall have the right to refuse or cancel any order placed for such Product or service at the incorrect price, even if the order has been confirmed and/or User’s credit card has been charged. If User’s credit card has already been charged for the purchase and User’s order is cancelled by Company, Company shall promptly issue a credit to User’s credit card account in the amount of the incorrect price.
  19. Order Acceptance : User’s receipt of an electronic or other form of order confirmation does not signify Company’s acceptance of User’s order, nor does it constitute confirmation of Company’s offer to sell. Company reserves the right at any time after receipt of User’s order to accept or decline User’s order for any reason or for no reason at all. Company reserves the right at any time after receipt of User’s order, without prior notice to User, to supply less than the quantity of any Product or service ordered by User.
  20. Shipping : Company may be unable to ship Products if barred by any customs, security or postal regulations. Company shall not be responsible for any misdirected parcels, incorrectly delivered packages or printing errors in addresses. Prepackaged gifts are assembled individually and may vary slightly. Company reserves the right to substitute a Product of equal value and nature if the original Product becomes unavailable.
  21. Payment : User shall be responsible for any payments due for any Products or services ordered through User’s account. If Company does not receive payment from User’s credit issuer or its agents, User agrees to pay all amounts due to Company. User shall also be responsible for any costs of collection of overdue payment.
  22. Product Disclaimer: Please note that natural Products may cause allergic reaction on some Users. It is recommended that a sensitivity test be performed by applying a small quantity of Product to the skin on the inner arm and wait for 30 minutes. Do not continue the use if redness, itching or irritation occurs. If User has any queries please contact Company. Company shall not be liable for any complaints in respect of Products if the necessary precautions are not taken before use of Products.
  23. All postings, text, files, images, photos, information (hereinafter referred to as “Content”) posted on or transmitted or linked from Website are the sole responsibility of the person/s from whom Content originated. More specifically, any Content posted on Website either via e-mail or otherwise made available on-line, shall be the responsibility of the person posting such Content on Website. Website does not in any manner control, and is not responsible for such Content made available through Website ; and by using Website User may be exposed to Content that is false, offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Website and Content may contain links to other websites, which are completely independent of Website.
  24. User hereby agrees that he/she must evaluate, and bear all risks associated with, the use of any Content, that User may not rely on said Content, and that under no circumstances will Website/Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Website. User hereby acknowledges that Website does not always pre-screen or approve Content. However Website shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for any reason.
  25. License: Company hereby grants User limited, non-exclusive, non-assignable and non-transferable license to access Website provided, and expressly subject to the condition, that all such access and use shall be governed by the terms and conditions set forth in this User Agreement.
  26. Bar To Retransmission of Information: All intellectual and industrial property rights and other related rights, titles and interests whatsoever in and to the information available on Website belong to the respective owners thereof ; and nothing in this Agreement shall be construed as transferring or assigning any such rights to User or any other person or entity. User may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by Website prior to such use. User may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Website, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by Website prior to such use. In addition, User may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Website without prior written authorization Except as set forth herein, any other use of the information contained in or on Website requires the prior written consent of Company and may require a separate fee.
  27. Trademarks : All brand, Product and service names used on Website are trademarks, trade names or service marks of Company, unless otherwise stated. User may not distribute Products or offer services under or by reference to, or otherwise use, apply or reproduce, any such trade marks, trade names or service marks, or use any meta-tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of Company or the owner of such trade marks, trade names or service marks.
  28. Delays In Services: Company (including its directors, employees, affiliates, agents, representatives or subcontractors) and Website shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or force majeure or like causes. Company shall not be liable to provide User access to Website while any such disruption or interruption continues.
  29. Liability Disclaimer : User expressly agrees to use Website at User’s own risk.
  30. Website and/or its respective suppliers may make improvements and/or changes in Website at any time. Website may be temporarily unavailable from time-to-time due to required maintenance, telecommunications interruptions, or other disruptions. Company and Website (including its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other Associated Entities, all collectively referred to hereinafter as “Associated Entities”) shall not be liable to User or to any third party should Company exercise its right to modify or discontinue any or all of the contents, information, software, Products, features and services published on Website.
  31. Company and/or Website and/or its respective Associated Entities make no representations about the suitability of the contents, information, software, Products, features and services contained on or available through Website for any purpose. All such inventions, contents, information, software, Products, features and services are provided on "as is" basis without any warranty of any kind. Company and/or Website and/or its Associated Entities hereby disclaim all warranties and conditions with regard to such inventions, contents, information, software, Products, features and services, including any implied warranties and conditions of merchantability, non-infringement of intellectual property rights, completeness, compatibility, reliability, accuracy, security, satisfactory quality, suitability or fitness for any particular purpose, title and availability. Company does not endorse or subscribe to the suggestions, advice and views of the authors of the content.
  32. In no event shall Company and/or Website and/or its Associated Entities be liable for any direct or indirect, punitive, incidental, special or consequential loss or damages arising from, or in any way connected with, the use of Website or the delay or inability to use Website, or from any contents, information, software, Products, features and services obtained through Website, or otherwise arising from the use of Website, whether based on contract, tort, strict liability or otherwise, even if Company and/or Website and/or any of its Associated Entities has been advised of the possibility of damages.
  33. User understands that except for information, Products and services clearly identified as being supplied by Company, Company does not operate, control or endorse any information, Products and/or services appearing on or available through Website in any way. All other information, Products and services offered through Website are offered by third parties, which are not affiliated in any manner to Company.
  34. Company does not warrant that files available through Website (for downloading or otherwise) will be free of infection or viruses, bugs or other codes that manifest contaminating or destructive properties. Company does not warrant that the functions contained in the material available on or comprised in Website will be uninterrupted or error-free, or that any such defects will be corrected by Company. Company does not make any representation with regard to the full functionality, accuracy or reliability of Website or the server that makes it available.
  35. User shall be responsible for implementing sufficient procedures to satisfy User’s requirements for safety and accuracy of data-input and output, and for maintaining a means external to Website for reconstructing any lost data.
  36. Use Of Message Boards, Chat Rooms And Other Communication Forums: If Website contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively known as "Forums"), User agree to use Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agree that when using a Forum, User shall not do any of the following:
    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
    3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User own or control the rights thereto or have received all necessary consents.
    4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
    5. Conduct or forward surveys, contests, or chain letters.
    6. Download any file posted by another User of a Forum that User know, or reasonably should know, cannot be legally distributed in such manner.
  37. Equipment And Operation: User shall provide and maintain all telephone/internet and other equipment necessary to access Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by User. Users shall be responsible for operating Users’ own equipment used to access Website.
  38. Service Disclaimer: User acknowledges that the information provided through Website is compiled from sources, which are beyond the control of Website. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Website does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, USERS ACKNOWLEDGE THAT Website IS PROVIDED TO USERS ON AN "AS IS” WITH “ALL FAULTS" BASIS. Website EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, Website DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET USERS’ REQUIREMENTS OR IS SUITABLE FOR USERS’ NEEDS.
  39. Under this User Agreement, User assume all risk of errors and/or omissions in Website, including the transmission or translation of information. User assume full responsibility for implementing sufficient procedures and checks to satisfy User’s requirements for the accuracy and suitability of Website, including the information, and for maintaining any means, which User may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
  40. USERS AGREE THAT Company and Website (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE Website FOR ANY PURPOSE WHATSOEVER.
  41. Company and Website AND IT'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.
  42. Links To Third Party Sites: The links on Website will allow User to leave Website. The linked sites are not under the control of Company. Company has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by Company / Website of such site. Third party links to Website shall be governed by a separate agreement.
  43. Indemnification: Users hereby agree that they SHALL INDEMNIFY, DEFEND AND HOLD Company and Website (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) HARMLESS FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AGAINST Company or Website AS A RESULT OF OR RELATED TO: (a) User’s access and use of Website (b) any non-compliance by User with the terms and conditions hereof; or (c) any third party actions related to Users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of other terms, conditions and covenants.
  44. Confidential & Proprietary Information : Company does not solicit nor does Company wish to receive any confidential, secret or proprietary information or other material from User either through Website, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to User’s submission to Company, any comments, feedback, information or other material submitted or sent to Company will be deemed not to be confidential, proprietary or secret. By submitting or sending comments, feedback, information or other material to Company User represents and warrants that the information and material is original to User and that no other party has any rights to such information or material. All comments, feedback, information or other material whatsoever submitted by User shall become and remain Company’s property and Company shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. User also warrants that any "moral rights" in posted information and materials shall stand waived.
  45. By using Website,User signifies acknowledgement of and agreement by User that Company may, in its sole discretion, preserve or disclose Content, as well as information, such as e-mail addresses, IP addresses, timestamps, and other User information, if required to do so by law or in the good faith if Company believes that such preservation or disclosure is reasonably necessary to: 1) comply with the legal process; 2) enforce these Terms & Conditions ; 3) respond to claims in regard to Content violating the rights of third-parties; 4) respond to claims regarding contact information (e.g. phone number, street address) of a third-party which has been posted or transmitted without their consent or as a form of harassment; 5) protect the rights, property or personal safety of Company, its Users or the general public.
  46. No Waiver of Violation Of Terms And Right to Damages:Company’s failure or delay to act with respect to any breach by Users or third parties shall not amount to waiver of Company’s right to act with respect to the same, subsequent or similar breaches. Users hereby agree to indemnify and reimburse Company for all costs incurred by Company towards any legal proceedings pursued to enforce these terms and conditions in case of any violation by Users.
  47. Conflicting Terms: If there is any conflict between this User Agreement and other documents signed / exchanged between Users and Company / Website, the term of this User Agreement shall supercede and govern, whether such other document/s is/are prior to or subsequent to this User Agreement, or is/are signed or acknowledged by any director, officer, employee, representative or agent of Company or Website.
  48. Attorney's Fees: If Company takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, Company shall be entitled to recover from User (and User agrees to pay), in addition to all sums to which Company is entitled or any other relief, at law or in equity, reasonable and necessary Attorney's fees and any costs of any litigation/recovery.
  49. Right to Deny Access: Website reserves the right, in its sole discretion, to deny User access to Website or any portion thereof, immediately and without notice, for the following reasons (a) for any unauthorized access or use by User of Website (b) if User assigns or transfers (or attempts to assign or transfer) any rights granted to User under this Agreement to any third party; (c) if User violates any other terms or conditions of this User Agreement.
  50. Entire Agreement: This User Agreement constitutes the complete and entire agreement between the parties, and no other agreement, written or oral, exists between User and Company/Website. By accessing and/or using Website, User assumes full responsibility for any and all gains and losses, whether financial or otherwise, experienced, suffered or incurred by User. Website does not guarantee the accuracy, completeness or validity of, or otherwise endorses in any way, the views, opinions or recommendations expressed on Website.
  51. Termination: This User Agreement and the license granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) by Company / Website for any unauthorized access or use by User (b) by Company / Website if User assigns or transfers (or attempts to assign or transfer) any rights granted to User under this Agreement to any third party; (c) if User violates any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which Company/Website may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to User shall stand terminated and revert to Company/Website. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the Fee charged for access to Website, if any, is non-refundable.
  52. Arbitration: Any dispute between Company/Website and Users arising from, or in any manner relating to, the use of Website shall be referred to the arbitration of a Sole Arbitrator to be appointed under and in accordance with the (Indian) Arbitration & Conciliation Act, 1996 or any other law relating to arbitration as may then be in force in India. Arbitration proceedings shall be conducted at New Delhi, India in the English language.
  53. Jurisdiction: The terms and conditions of this Agreement are exclusively based on, subject to and shall be governed by Indian law. User hereby consents to the exclusive jurisdiction and venue of Courts of law at Delhi/New Delhi, India in regard to all disputes arising from or relating to the use of Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause.
  54. Notices : Website is operated by M/s M/s. MOUNTAIN VALLEY SPRINGS INDIA PRIVATE LIMITED. All notices to Company shall be sent to: D-58 Sector 2, NOIDA – 201 301 U.P. India. Attn: Legal Department, All notices to User shall be sent to the e-mail address that User provides to Company when User register. Such notice shall be deemed given one business day after the e-mail is sent. Any action or claim against Company must be brought within 1 (one) year following the date on which the claim first accrued or such claim shall be deemed to have been waived.
 
 
Home | About Us | Products | What is New | Locations | My Shopping Cart | Contact Us | Terms & Conditions
Copyright © 2007 Forest Essentials India
CAUTION: NATURAL PRODUCTS CAN ALSO BE ALLERGIC TO SOME PEOPLE. TEST PATCH ON INNER ELBOW LEAVE FOR 30 MINUTES DISCONTINUE IF IRRITATION OCCURS