Last updated on 10 Sept 2020
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
This Site is an online portal that sells Swisse health supplements and skincare products of the and unless we say otherwise, we use the terms "Swisse" "we" "us" to refer to the Company throughout the Website terms and conditions.
"Product" shall mean all those products that we sell through this website
"Services" any services offered on or through the Site, to the user
By accessing the Site and by purchasing goods and Services, you represent and warrant that you are of legal age and that you have the right, authority, and capacity to use the website, purchase goods and do commercial transactions the services available through the website. PRIVACY
For you to purchase Products through our website, we accept debit card, credit card or net banking payments. We accept the following bank or credit cards: Visa, MasterCard and American Express. All card payments are subject to authorisation by your card issuer and are electronically processed by a an approved payment gateway from a third-party payment and settlement provider. We do not store any credit card information CVV, Expiry Date etc and such information is not collected or stored on our website.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
SHIPPING AND DELIVERY
- Products are shipped from our warehouse in Bangalore by reputed courier agencies. Please allow following number of days from receipt of your order.
- All orders are processed and shipped within 2 business days. Transit times are determined by shipping method and delivery location. However, shipping may be varied during acts of nature, festivals or unforeseen circumstances that may impede the logistical planning.
- Order deliveries will be made between 10:00 AM and 6:00 PM Monday to Saturday. Excluding public holidays
- While delivery of the Products, you need to acknowledge the receipt, by or should provide the OTP. If you cannot be there to receive the goods, sign please suggest an alternative i.e. a family member, colleague, neighbour, etc. However, Swisse takes no responsibility for goods signed by an alternative person
- We aim to keep every item on our website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.
- Swisse is not responsible for damage after delivery.
- If any goods displayed are imported goods, it shall mention the name and details of the importer as well as the original manufacturer and country of origin For any complaints with regards to your order please contact our Grievance officer/nodal officer within 7 business days of your order delivery for resolution. Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.
- SHIPPING CHARGES
- We ship products throughout India and all orders of Rs 999 and above qualify for free domestic shipping. However, there is a flat shipping charge of Rs. 70 if your total order value is less than Rs. 999
- Shipping and handling rates vary based on the shipping destination. You will see the final shipping and handling charges at the time of checkout after you provide the shipping address for your order
RETURNS AND REFUNDS
- At Swisse, we strive to give you the very best shopping experience possible. However, considering that opened or damaged products cannot be reused, we cannot accept return of opened or used products once sold or delivered.
- Swisse is not responsible for any damage caused after delivery
- In case of any problem or quality issue with the product, we exchange the product. All you need to do is send us an email us within 24 hours of delivery. firstname.lastname@example.org (for shipment & product related queries)
- Refund requests will be subject to checking and vetting by Swisse.
- Swisse shall effect all payments towards accepted refund requests of the consumers as prescribed by the Reserve Bank of India or any other competent authority under any law, within a reasonable period of time, or as prescribed under applicable laws.
- If Payment is done twice by you then share the order number and bank reference for validation for verification. To confirm this double payment will take minimum two working days. . If there is any double payment, we shall refund the extra amount received.
- We will not be able to refund the additional charges your banker has deducted from your account in relation to relevant the transaction made .
- Repayment will be refunded in same method which you have used to buy the product.
- No Cash refund will be allowed
- Damages due to neglect, improper usage or wrong application will not be covered under this Policy.
- Once your return/replacement request has been accepted, the process will be completed within 7-10 working days.
- No Refund shall be made after 15 days of delivery
- All products once purchased are non-returnable and non-refundable. In general, an item maybe eligible for refund / replacement within 7 days from the date of Product Delivery if it fulfils any of the following conditions:
- Sold in a physically damaged condition.
- Has missing parts or accessories
- Not of the characteristics or features as advertised
- Delivered late form the stated delivery schedule unless such delay was due to reasons beyond our control
CANCELLATION POLICY If you wish to cancel your order, you can do so by sending us an email on email@example.com before it gets dispatched, which is within 8 hours after placing an order with us. If you cancel it during this period, we shall not impose any cancellation charges.
Refund will be processed through same mode within 7 - 10 working days.
We do not take international shipping orders.
PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services described on this website, and any samples/ Freebies thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase from us. We reserve the right, with or without notice, to cancel your order, if we suspect that you are doing re-selling or distribution of our goods. We may reduce the quantity of any products if we believe, in our sole discretion, you have ordered goods not for your personal consumption rather for re-sale, we reserve our right to decline the order or reduce the quantity of the goods
ACCURACY OF INFORMATION
As means to assist the users in identifying the products of their choice, Swisse provides visual representations on the website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. while reasonable and consistent efforts are made to provide accurate visual representations. However, Swisse disclaims any guarantee or warranty of exactness of such visual representation or description of the product, with the actual product ultimately delivered to users. The appearance of the product when delivered may vary for various reasons.
All information and content available on the website and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Swisse, our affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of Swisse website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Swisse website or any and/or all our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Swisse website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Swisse, our Affiliates, partners or licensors.
THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Swisse website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any submission or any damages arising from any Submission.
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to our Grievance cell for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to: Mr. Sauvik Sarkhel (Grievance Officer) firstname.lastname@example.org
Note: The above contact information is provided exclusively for notifying Swisse that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our Grievance cell by email at: email@example.com
REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
Swisse website is presented "As Is". Nothing contained herein shall be deemed to construe as the advice, views, opinions or beliefs of the Company or endorsement by the Company. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Swisse products are based on natural ingredient and scientific formulations. Though enormous efforts are made, and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our products that you may be allergic to. You agree that Swisse will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the Swisse, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than two (2) year after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of Swisse or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Karnataka state, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Karnataka, India, subject to foreign legal mandatory provisions.
To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Swisse website shall be referred to and finally resolved by Mediation as under Consumer Protection Act, 2019.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: enquiries firstname.lastname@example.org and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
You will be required to enter a valid email address and phone number while placing an order on the Website. By registering Your email and phone number with us, you consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Except where noted otherwise, the Price displayed for Products on our website, represents the full price of the Product and shipping charges, unless specified otherwise in the Shipping Fees.
While we strive to provide an accurate product and pricing information, pricing or typographical errors that occurs. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion , to refuse or cancel any orders placed for that product , unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole-discretion, either contact you for instructions or cancel your order and notify you of the same. Unless the product ordered by you has been dispatched , your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the email-address or the contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. In the vent we accept your order the same shall be debited to your credit/debit card account and duly notified to you by the email or the contact number , as the case may be, that the payment has been processed.
Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like specified in the relevant promotion offer/discount or such other product or services as may be determined by us in our sole discretion.
Swisse reserves the right to introduce the Promotions (individually or collectively) at intervals of its choice. While the general terms of this Promotions Policy set out Swisse terms and conditions governing all its Promotions, Swisse may also provide separate terms governing each one of its Promotions. While choosing to participate in the Promotions, the users are, apart from this Promotions Policy, requested to peruse and understand the terms which govern individual Promotions. Swisse may, at any time and without having to service any prior notice to the user, modify or delete its Promotions or the terms and conditions governing such Promotions. Swisse may provide the Promotions on a select range or on all its products. The Promotions may also be applicable on any, or certain specific purchases carried out by the user on the platforms. further, without having to service any notice on the user, Swisse may withdraw all, or a part of its Promotions from the platforms.
You authorize Swisse and/or authorized third parties to retain the information both identifiable and processed information, shared by you for the purpose of using the Site and/or the services and for any marketing campaign of the Company and/or third-party service providers.
Except as otherwise specifically provided, the site and the products offered on the site are provided on an "as is" and "as available" basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible under applicable law, the Swisse disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Swisse does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components. Swisse does not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. applicable law may not allow limitations or exclusions on warranties so the above limitations may not apply to you.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Swisse shall not be liable for (i) any errors, mistakes, or inaccuracies of content displayed on the Website; (ii) any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials listed on the site, even if the honest company has been advised of the possibility of such damages; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our Website by any third party.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the India and other copyright laws, and is the property of our Company and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to our Company . © 2020 Swisse All rights reserved.
All trademarks, service marks and trade names of Swisse. On the Site are trademarks or registered trademarks of Company, its affiliates or their respective owners.
NOTICE REGARDING MEDICAL ADVICE
This Site does not provide medical or other licensed professional advice. Nothing stated or posted on this Site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The Site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this Site. If you think you may have a medical emergency, call your doctor immediately.
GRIEVANCES Your use of the Site shall be governed in all respects by the laws of the state of Karnataka, India without regard to choice of law provisions.
Swisse is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Grievance cell
- All Grievances related to the purchase or services shall be addressed to Mr Sauvik Sarkhel (Grievance officer)
- please write us on email@example.com.
*The officer will get
back to the customer within 48 hours of the receipt of Complaint.
*Every grievance will be provided with a complaint/ticket no. which can used to track the status of the grievance
*Redress or closure to a grievance might take around one month from the date of receipt of complaint
However, if you are dissatisfied with our Grievance redressal mechanism, these Terms of Service provide that disputes will be resolved in binding arbitration
RISK OF LOSS
We are not responsible if a gift card/ Freebie/ Coupon is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.
We reserve the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Swisse website or mobile application.
We will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. We may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and us and replaces any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties" intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website is operated by our Company from its offices in Bangalore, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor we will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. We reserve the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until we choose, in its sole discretion and without advance to you, to terminate it.
Domestic Use. We make no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. We may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Health and Happiness (H&H) Trading
Head Office -36, Infantry Rd, Sampangi, Tasker Town, Shivaji Nagar, Bengaluru, Karnataka 560001, India -Tel: +000- 8001003817, Email: firstname.lastname@example.org
Registered Address: No. 6/12, Primrose Road, Gurappa Avenue, Bangalore, Karnataka, India 560025 Tel: +000- 8001003817, Email: email@example.com
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS WEBSITE.