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Conditions of Use

EESL eCommerce/eMarketplace application Terms and Conditions of Use

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the mobile applications (“Mobile Apps”) and websites operated by the EESL (the "EESL Websites"), including the eeslmart.in

EESL reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the EESL Websites, and you are advised to review the EESL Websites regularly for any changes. These Terms and Conditions of Use were last updated on 01.12.2023. In any event, you agree that by accessing and using an EESL Website you are bound by these terms and conditions as the same may be changed from time to time.

COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY 

The materials (the "Materials") contained in the EESL Websites including, without limitation, information, text, content, videos, software, photos, graphics, user interface and sound are owned by, and protected by copyrights and other proprietary rights in favour of, EESL and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part, without the prior written consent of EESL. You may print, in hard copy, portions of an EESL Website only for the purpose of placing an order with EESL.

TRADE-MARKS

Certain names, words, phrases, logos, marks and designs that appear on EESL Websites (including, without limitation, "Insert Data", ""Insert Data"", “"Insert Data"” and related words and logos) are official marks, trade-marks or trade-names of EESL in India. EESL is also the owner in <India> of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an EESL Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of EESL. The names of other companies, products and services referred to on an EESL Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of EESL or of third parties without the prior written consent of the applicable party is strictly prohibited.

COMPLIANCE WITH LAWS

In addition to complying with these Terms and Conditions of Use, you agree to use the EESL Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of an EESL Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the EESL Website illegal, are not authorized to use the EESL Website.

USE AND RESTRICTIONS

You are only permitted to use an EESL Website for your own personal, non-commercial purpose.  Further, by using EESL Website You warrant that any product purchased through EESL website is for self consumption and not for resale. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an EESL Website for commercial purposes (including, without limitation,  screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

  1. take any action that imposes or may impose (to be determined in the EESL’s sole discretion) an unreasonable or disproportionately large load on the EESL’s infrastructure;
  2. interfere or attempt to interfere with the proper working of an EESL Website, or any activities conducted on or with an EESL Website;
  3. bypass any measures the EESL may use to prevent or restrict access to EESL Websites.

TERMS FOR ACCOUNT LOGIN NAMES AND PASSWORDS

Some features of an EESL Website may be accessed only by use of a registered account login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized EESL representative.

All login names and passwords remain the property of EESL, and may be cancelled or suspended at any time by the EESL without any notice or liability to you or any other person. EESL is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify EESL(helpline@eesl.co.in) of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

You represent that registration information you submit is true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such registration information as necessary; You are not a minor; you will not access the account or platform through automated or non-human means, whether through a bot, script, or otherwise.

EESL reserve the right to suspend or terminate your account in case any information that is submitted by You is untrue, inaccurate, not current, or incomplete,

ACCURACY OF INFORMATION

While every effort is made to ensure the accuracy of the information on EESL Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.

CUSTOMER RATINGS AND REVIEWS

User-generated content such as customer-generated ratings and reviews (the “Ratings & Reviews”) help us improve our products, our product description pages, and the online shopping experience. Please note that if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact helpline@eesl.co.in or at the toll free number 1800 180 3580. Ratings & Reviews are not monitored by the EESL for customer service issues.

By submitting your Ratings & Reviews, you are agreeing to the EESL Terms and Conditions and you authorize the EESL or an EESL service provider to combine device fingerprints collected on EESL Websites and Mobile Apps via cookies with data from other websites, applications, and sources for the sole purpose of detecting fraudulent reviews.

 EESL moderates all Ratings & Reviews to ensure compliance with the Content Guidelines (below). Approved Ratings & Reviews are displayed on the EESL Websites and Mobile Apps. Ratings & Reviews will not be posted if they do not pass the moderation process.

When writing and submitting Ratings & Reviews, you must comply with the following guidelines (the “Content Guidelines”):

  • The Ratings & Reviews must be written in English
  • The Ratings & Reviews must be relevant to the product (if applicable, include the vintage of the product)
  • The following are strictly prohibited:
    • any full names, email addresses, URLs, phone numbers, physical addresses or other forms of personal information;
    • obscenities, discriminatory language, or other language not suitable for a public forum;
    • advertisements, "spam" content, or references to other products, offers, or websites;
    • critical or spiteful comments on other user Ratings & Reviews posted on the Website or Mobile Apps;
    • pricing and promotional details referring to products or services;
    • any statements or information that are known by you to be false, inaccurate, or misleading;
    • any statements that may reasonably be considered defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
    • any content that may infringe on a third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or
    • any content that may violate any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising).

By submitting Ratings & Reviews to the EESL, you represent and warrant as follows:

  • You are at least 18 years old;
  • You are the sole author and owner of the intellectual property rights in the Ratings & Reviews;
  • All Ratings & Reviews that you post are accurate, and you were not given any compensation or consideration by a third party for submitting the Ratings & Reviews;
  • The Ratings & Reviews do not contain any computer viruses, worms or other potentially damaging computer programs or files; and
  • The Ratings & Reviews are in compliance with the Content Guidelines.

For any Ratings & Reviews that you submit, you grant the EESL a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, adapt, publish, translate, create derivative works from, sell or distribute, and incorporate such Ratings & Reviews into any form, medium or technology throughout the world without compensation to you. By submitting the Ratings & Reviews, you hereby waive any and all moral rights in and to the content.

All Ratings & Reviews that you submit may be used, or not used, at the EESL’s sole discretion. The EESL reserves the right to change, condense, withhold publication, remove or delete any Ratings & Reviews on the EESL Websites and Mobile Apps that the EESL deems, in its sole discretion, to violate the Content Guidelines or any other provision of these Terms and Conditions of Use. The EESL does not guarantee that you will have any recourse through the EESL to edit or delete any Ratings & Reviews you have submitted. However, the EESL reserves the right to remove and/or to refuse to publish any submission. You acknowledge that you, and not the EESL, are responsible for the statements made in your submission. None of the Ratings & Reviews that you submit shall be subject to any obligation of confidence on the part of the EESL, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

EESL may require you to provide certain information or data in order to submit the Ratings & Reviews. By submitting the Ratings & Reviews, you agree and consent to the EESL’s promotional use and display (whether online or offline) of all such information or data you provide with, or as part of, your Ratings & Reviews (including, but not limited to, any name, user name, screen name or other identifier, and other personal information you choose to provide).

By submitting your email address in connection with your Ratings & Reviews, you agree that the EESL and its service providers may use your email address to contact you for the administration of the ratings and reviews process, namely for the purposes of authentication and to update you on the status of your Ratings & Reviews acceptance or rejection from the Websites or Mobile Apps.

OUTBOUND LINKING

Any link, (including hyperlinks, buttons or referral devices of any kind) used on an EESL Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an EESL Website does not constitute an endorsement, recommendation or certification by EESL, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with EESL.

INBOUND LINKING

EESL generally does not object to links to EESL Websites from third party sites. However, there are certain conditions that must be followed: Unless EESL enters into a specific written agreement with you, you may not use any of the EESL’s names, logos, designs, slogans, or marks in or with your links, except that you may link to an EESL Website using the plain text names: EESL

Do not present the link to an EESL Website in any way that suggests EESL has any relationship or affiliation with your site or in any way that suggests EESL endorses, sponsors or recommends the information, products or services on your site. Use of any of EESL's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without EESL's written permission for a particular use is strictly prohibited.

Use of any of the EESL's names, logos, designs, slogans, or marks, or any other words or codes identifying an EESL Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without EESL's written permission for a particular use, is strictly prohibited.

EESL is not responsible for any loss (direct or indirect), damage, liability or expense that may accompany or result from your use of the link or domain name for an EESL Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.

EESL reserves the right in its sole discretion to order you to delete or modify your link to an EESL Website for any reason.

The link to an EESL Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect the EESL's name, reputation or goodwill.

The linking of your website to an EESL Website indicates your agreement to the foregoing terms and conditions.

INDEMNITY

You agree to indemnify, defend and hold EESL harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:

  1. your infringement of any EESL or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an EESL Website;
  2. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an EESL Website; (ii) use of an EESL Website for any illegal purpose; or (iii) use of an EESL Website to achieve any unauthorized or prohibited access to computer systems and data;
  3. your use of an EESL Website; and
  4. your breach of any of these Terms and Conditions of Use, the EESL’s  Policy or any rule, regulation, guideline or policy of the EESL as may be established and changed from time to time and posted on the EESL Website.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT:

  1. USE OF AN EESL WEBSITE IS AT YOUR SOLE RISK.EESL WEBSITE IS PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. EESL DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE EESL WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES EESL MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN EESL WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, INCLUDING PRODUCT PRICE OR PRODUCT INFORMATION OR SERVICE ON AN EESL WEBSITE. EESL WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
  2. THE DOWNLOADING OF MATERIALS FROM AN EESL WEBSITE IS DONE AT YOUR OWN RISK. EESL DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN EESL WEBSITE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL EESL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN EESL WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN EESL WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN EESL WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF EESL ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

GOVERNING LAW

These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of India  and courts of Delhi shall have exclusive jurisdiction in any of any dispute arising out of or related to the Use of EESL Website.

REGISTRATION OBLIGATION

If you choose to register a new account with EESL for the purchase of goods online, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update information about yourself to keep it true, current and complete.

PRIVACY POLICY CONSENT AND DISCLOSURE

The EESL is committed to protecting the privacy and confidentiality of its customers' personal information. The EESL Customer Privacy Policy https://eeslindia.org/en/eesl-policies/  explains how the EESL will ensure the confidentiality and privacy of the personal information you furnish to the EESL. 

Terms and Conditions of Sale and Purchases from EESL

 

THE TERMS AND CONDITIONS IN THIS SECTION APPLY TO ORDERS PLACED THROUGH EESLMART OR THROUGH THE EESL ECOMMERCE MOBILE APPLICATION.. 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS") CAREFULLY BEFORE PLACING AN ONLINE ORDER. These Terms and Conditions govern the sale by the Energy Efficiency Services limited ("EESL") to you of products ("Products") through the EESL's website located at eeslmart.in and the EESL ECOMMERCE Mobile Application. EESL reserves the right to change these Terms and Conditions of Sale at any time without prior notice by posting changed Terms and Conditions of Sale on the eeslmaart.in Website, and you are advised to review the eeslmart.in Website regularly for any changes. These Terms and Conditions of Sale were last updated on 01.12.2023. By placing an order through the eeslmart.in Website or the EESL Mobile Application, you agree to be bound by the Terms and Conditions in effect at the time of such order.  Further, receipt by of an order does not constitute our acceptance of an order. EESL reserve the right to reject or refuse any order request made by, subject to refund of the payment, if deducted.

AGE

You must be 18 years of age or older to purchase Products. By submitting an order for Products, you represent that you are 18 years of age or older and you are not purchasing Products for anyone who is younger than 18 years of age. When you or your designated alternate person picks up or signs for the Products ordered you may be required to present proof that you are 18 years of age or older. Acceptable proof includes a valid driver’s licence, passport, citizenship card and BYID photo identification card.

THIRD PARTIES ACTING ON EESL'S BEHALF

Your personal information is provided by EESL to third parties in order to facilitate payment and delivery of Products. The EESL only transfers your personal information to third parties who have agreed to comply with appropriate privacy and security standards.

PAYMENT Options

Payment can be made by Credit card, Debit Cart, UPI, Net Banking, etc. The EESL uses a payment gateway provider’s server to act as the link between the EESL and the EESL’s bank. The EESL does not store any credit card information on its systems.

By submitting your order, you represent that you are authorized to use the designated payment options and you authorize the EESL to charge your order to the payment source. The EESL reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed transactions. Orders can only be placed if EESL receives successful confirmation from the payment gateway. EESL is not responsible for any loss, damage or inconvenience you suffer as a result of (a) payment declined, cancelled, transaction failed, aborted, (b) internet connection failure, bank issues etc.

AVAILABILITY

Every effort has been made to stock adequate quantities of the Products offered on the eeslmart.in Website and the EESL Mobile Application. Some of the Products, however, are available in relatively small quantities. Some items referred to on the eeslmart.in Website and the EESL Mobile Application may be or become out of stock.

If the EESL is unable to fill an order for a Product ordered through the EESLMart.in Website or the EESL Mobile Application, you will be notified by email and we will only charge on your payment source for the Products that were fulfilled.

ORDER QUANTITIES

The EESL reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time by the EESL. The EESL may reject an order if it appears you are attempting to circumvent an order limit for products with limited quantities.

PRICING

Prices quoted on the EESLMart.in Website and the EESL Mobile Application are in Indian Rupees. Prices are subject to change without notice.

DELIVERY

*Delivery times vary by product type and method of delivery. Typically, urban addresses will receive packages within the early part of delivery estimates; expect the latter part of delivery estimates for rural addresses.

Delivery times or pickup times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination.

You will be contacted by email or SMS  once your order has shipped,

 

DELIVERY CHARGES

Delivery charges are included in the product price 

ERRORS

The EESL attempts to ensure that the information on the eeslmart.in Website and the EESL Mobile Application is accurate. However, no warranty of accuracy or completeness is expressed or implied. The EESL expressly reserves the right to correct errors and to change or update information on the eeslmart.in Website and EESL Mobile Application at any time without notice.


**No Return Policy**

 

This "No Return Policy" applies to all purchases made through EESL ecommerce platform.

 

  1. **Policy Overview**

   - All sales are final. We do not accept returns, exchanges, or refunds for any products purchased.

 

  1. **Product Condition**

   - All items are sold in their current condition and are subject to quality checks prior to dispatch.

   EESL is not liable for any damages or defects incurred after the product has been received by the customer.

 

  1. **Exceptions**

   - In the rare event of receiving a defective or incorrect product, customers must notify EESL within 48 hours of receiving the item.

   - EESL may, at its sole discretion, replace the defective or incorrect product in accordance with our warranty or exchange policy.

 

  1. **Exclusions**

   - Products that are damaged due to misuse, improper handling, or tampering are not eligible for return or exchange.

   - Customized or personalized items cannot be returned or exchanged unless there is a manufacturing defect.

 

  1. **Cancellation and Refund against cancellation**

   - Orders cannot be modified once they have been placed and processed whereas cancellation would be accepted within 6 hours from the order placement time. Refund will be processed to the original source subject to applicable processing deductions, it may take upto 8 working days for the same.

 

  1. **Refund **

   - As a part of our no return policy, refunds will not be issued for any purchases except any order cancelled within 6 hours from the order placement as mentioned at cancellation clause.

GOVERNING LAW

These Terms and Conditions and each purchase of Products through the eeslmart.in Website and the EESL Mobile Application are governed by the laws of India, and courts of Delhi shall have exclusive jurisdiction for any dispute relating the terms of Use of EESL Website or related to EESL Website.

FORCE MAJEURE

The EESL shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

Except as expressly set out in these Terms and Conditions, there are no warranties, representations or other agreements regarding the Products ordered through the eeslmart.in Website and the EESL Mobile Application. To the extent permitted by law, the EESL shall not be liable to you for indirect, special, consequential, incidental or punitive damages (including, without limitation, damages for or in relation to lateness in delivery, loss of revenue or profits, or the cost of substitute goods), arising directly or indirectly from any breach of contract (fundamental or otherwise) or from any warranties contained herein, or from any acts or omissions that may give rise to legal liability (whether in tort, including for negligence, strict liability or under any other theory of legal liability), regardless of whether or not such damages were foreseeable. In no event shall the liability of the EESL arising out of or related to any order exceed the total amount paid by you pursuant to such order.

 

DISCONTINUANCE

 

EESL may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.

 

PRIVACY POLICY & SECURITY STATEMENT

 

EESL is committed to protecting the privacy and confidentiality of its customers' personal information. EESL Customer Privacy Policy can be found at eeslmart.in

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