TERMS & CONDITIONS
Thank you for visiting Pilatesfestivalindia.com. Your visit to this website is subject to these Terms and Conditions and our Privacy Policy available here on this website.
By your use of this website, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:
1. “Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexure’s, Privacy Policy, Payment Policy and will include the references to this Agreement as amended, supplem ented, varied or replaced from time to time.
2. This Agreement is between Bodyimage a company incorporated under the Indian Companies Act, 2013 and having its registered office at 26/28, East Patel Nagar, New Delhi-110008 (hereinafter called “Bodyimage”) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and “You”, the user of the website owned by Bodyimage as a website visitor or as a person intending to make a purchase or actually making a purchase on our website which is owned, fully by Bodyimage.
3. The liability of Bodyimage under this agreement is limited to the value of the product purchased from Bodyimage plus shipping charges that may have been charged. Under no circumstances shall Bodyimage be liable for any direct or indirect costs incurred by you for any reason related to the purchase or intended purchase of products and services on the website owned by Bodyimage
4. Bodyimage will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
5. If you are dissatisfied with the Web Site, the materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site.
6. Bodyimage owns the Website and shall retain all intellectual property rights, and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. No part of the website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases of products on this site does not transfer any of the intellectual property related to the products, their design or concepts to you.
7.If any website links are provided to external websites, Bodyimage is not responsible for the actions or consequences of the links provided. By using this website you declare and agree that you have the full power and authority to make and enter into a transaction with Bodyimage and that you are over 18 years of age and are legally competent to enter into an agreement.
8. Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and Bodyimage will not be responsible for your actions.
9. Bodyimage shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
10. Bodyimage may at any time make changes or modify the website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the site or service.
11. Bodyimage aims to make information about products and services accurate. However should there be unintentional errors relating to the product, pricing, availability, shipping and product supply, Bodyimage will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
12. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products. Bodyimage is not responsible for any consequences that arise from the use of the product.
13. Shipping of products will be done by the method indicated in the order. If for any reason Bodyimage decides to send the product using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this.
14. The product colour and actual size may vary from the visual representation on the website.
15. Once you place an order with Bodyimage, you cannot cancel this order once it is processed. You can only return damaged products or products that are not as per your order. Returns must comply with the return conditions as given in this agreement.
16. Bodyimage has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification.
17. This Agreement shall be subject to and construed in accordance with the laws of India and subject to the arbitration agreement as set out hereinafter, the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.
18. In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration by a sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Delhi. The award of such arbitration shall be final and binding upon the Parties hereto.
19. All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to Bodyimage