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Cold Monk

Terms and Conditions

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

Coldmonk.com (hereinafter referred to as "coldmonk / we". As a user of this website (hereinafter referred to as "you/your"), you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below.


If you do not agree to these terms and conditions and /or our privacy Policy, please do not register for or use the coldmonk.com site for any purpose. These terms apply to goods ordered via the internet and over the phone. Introduction


Coldmonk.com ("Website") is an e-commerce online portal run by Coldmonk Online India Private Limited, a company incorporated under the laws of India.


Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.


Coldmonk.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.


We reserve our right to change these terms and conditions at any point of time, but such changes will be posted on the website and it will take effect as and when it is posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.


All orders and purchases made on the coldmonk.com will be governed by the terms and conditions applicable to that product.


User Account

Certain services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse, kindly alert us immediately.


Pricing and Order

Please see Terms and Conditions stated herein Privacy Policy, How to use this website and Shipping Info section before placing an order. All orders you place on our website will be subject to acceptance in accordance with these terms and conditions. We will contact you by telephone if there is a query or discrepancy with reference to your order.


The 'confirmation' stage displays the order related information. Following this, we will send an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from coldmonk.com


Acceptance of your order followed by delivery concludes that particular transaction unless we have notified you that we do not accept your order or you have cancelled the same.


We do not file details of your order on the website and therefore request you to maintain a copy of the same for reference. In case you wish to view the details of previous orders please Contact Us.


Delivery

All goods must be signed for by an adult aged 18 years or over at the time of delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person to whom the order is addressed. If no one is available to accept the delivery you will receive a card to advice that a delivery has been attempted.


Delivery charges and estimated time scale are specified in the Shipping Info section and also when you place an order. We make every effort to deliver goods within the estimated time period; however delays are occasionally inevitable due to unforeseen factors. Home Needs Online shall be under no liability for any delay or failure to deliver the products within estimated time scales.


In case if the product is tampered or not in its original/genuine condition, the product should not be accepted by the customer. Once the product/ order is accepted by the customer, any claims further will not be accepted by Home Needs Online


The risk of loss and damage of products passes to you on the date and time when the products are delivered or on the date of first attempted delivery by us.


Payment

We accept payment through credit/debit card and Net Banking. Payment is accepted only after availability of stock is verified. In the event that we are unable to supply the goods, we will inform you at the earliest and a full refund will be given in case you have already paid for the goods.


To ensure that your credit, debit card or Net Banking is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the IT Act.


The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions: a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

The refund will be processed in 10 working days.

Mode of refund will be by NEFT

For information about secure online ordering see our Privacy Policy.


Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.


All prices are shown in Indian Rupees and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.


Cancellations, Substitutions & Shipping

coldmonk.com offers warranty to repair [if possible] or replacement if not possible to repair, in respect of any manufacturing defect in the product within the warranty period as stipulated in warranty conditions of that specific product.


If, for any reason, you wish to do so you have the right to cancel any order you have placed within 30 minutes from the time of placing an order either by email or telephone. The amount paid will be refunded to you in 26 working days.


Sometimes the product specifications may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it immediately. Where applicable, you may cancel your order in accordance with your rights under the Law.


All sizes and measurements are universal standard but we strive to make sure that they are as accurate as possible.


The acceptance of the contract with coldmonk.com has occurred only when the product is shipped to you.


Liability and Indemnity

coldmonk.com will use certain chosen process to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Coldmonk.com will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and coldmonk.com accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.


Coldmonk.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:


  • Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings)
  • Loss of good will or reputation
  • Special or indirect losses

Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.


Coldmonk aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.


We take all precautions to keep the details of your order and payment secure, but, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.


Coldmonk.com will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: Strikes, lock-outs or other industrial action; or Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or Impossibility of the use of public or private telecommunications networks


Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.


Promotions and Offers

Any promotion, campaign / schemes and gift products offered in this website will have to adhere to the following terms & conditions:


Any gifts / promotional schemes offered in this site are subject to the availability of the stocks.


Purchase under these schemes will have to be in 'one single purchase' / 'order number' and cannot be claimed otherwise.


In case of any and all disputes arising out of this, the decision of the management of Home Needs Online will be final and binding.


No refunds or cash reimbursement will be made against the promotions / gifts and offer.


Prices are subject to change without prior notice.


All products sold under Special Promotions / Schemes / Gifts / Offers and Limited Offers will not be applicable under 30 day return policy


Miscellaneous Provisions

The contract between us shall be governed by the laws of India and any dispute between us will be resolved exclusively in the Indian law.


We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.


Coldmonk.com shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.


You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by coldmonk.com


Coldmonk.com reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.


If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.


No delay or failure by coldmonk.com to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of coldmonk.com


These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and coldmonk.com relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and coldmonk.com for your use of this website.


Shipping & Delivery Policy

Orders are shipped within 3 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company / post office norms. Coldmonk.com is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 15 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be to registered address of the buyer as per the credit/debit card only at all times (Unless specified at the time of Order). Coldmonk.com is in no way responsible for any damage to the order while in transit to the buyer


Disclaimer Policy

The information contained in this website is for general information purposes only. The information is provided by coldmonk.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.


In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Coldmonk Online India Pvt.Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.


Every effort is made to keep the website up and running smoothly. However, Coldmonk.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control


Limitation of Liability

IN NO EVENT SHALL FLIPKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.